except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

On September 2007, the Defendant: (a) was a person engaging in the funeral of fishery products in the E market in the Gumi-si; and (b) on September 2007, the Defendant borrowed money with interest and principal repayment, etc. more than the total amount of KRW 100 million, and (c) did not have any intent or ability to repay the money; and (d) paid interest or principal on the existing debt with borrowed money.

Around September 1, 2007, the Defendant made a false statement to the effect that “The Defendant would lend money necessary for funeral services to the victim” at the G convenience point of the management of the victim C, which is located in the Guro-si, Seoul.

However, the Defendant did not have any intent or ability to repay the above even if he borrowed money from the victim because the Defendant was in excess of the above obligation.

Nevertheless, as seen above, the Defendant: (a) by deceiving the victim as above; (b) received cash 10 million won from the victim on the pretext of a loan from the victim; (c) and (d) by deceiving the victim by the same method until September 4, 2008; and (d) received the total amount of KRW 50 million from the victim four times from that time until September 4, 2008.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Notice of completion of registration, full certificate of registered matters, loan certificate;

1. Application of Acts and subordinate statutes to copies of applications for bankruptcy and immunity;

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

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (in the case of concurrent crimes, the number of concurrent crimes stipulated in the No. 3 of the list of crimes in the annexed Form No. 3 of the most severe offense),

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 32(1)3 and (2), and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Dismissal of Application for Compensation;