However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

On June 2015, the Defendant made a false statement to the victim E at the D' office of the Defendant's operation in Busan Seo-gu, Busan, that "I will sell finished products within three months and pay the price for such finished products, and if I could not pay, I will get the apartment in the wife's name to be paid even if I will get the apartment in the wife's name as collateral."

However, the Defendant was under serious pressure to pay more than KRW 500 million when the sales of the company, which had been decreased since April 2014, when around 2015, and at the same time, had been subject to heavy financial pressure, such as bearing a debt of KRW 500 million or more, and even the apartment in the name of the Defendant’s wife, the market price of which is approximately KRW 210 million, the secured debt amount was already set up, but it was not notified to the victim, but it was difficult for the victim to pay the full amount of the borrowed money by financing the above apartment as security. In addition, the Defendant did not have any address in the case of disposing of the apartment, and there was no plan to lend funds by disposing of the apartment, so even if it was borrowed from the injured party, there was no intention or ability to pay the borrowed money.

The defendant deceivings the victim as above and received 65 million won as the loan from the injured party on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A certified copy of corporate registry;

1. A certified copy of real estate registry;

1. Application of Acts and subordinate statutes to a copy of loan certificate;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The crime of this case for the reason of sentencing under Article 62(1) of the Criminal Act of the suspended execution is not less than the crime of deceiving money by taking advantage of the pro-friendly relationship with the victim, but also the fraud is also appropriate.

However, the Defendant committed the instant crime.