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

On February 2, 2011, the Defendant called, “D” restaurant operated by the Defendant in Ulsan-gun, Ulsan-gun, U.S., Ulsan-gun, that “If the Defendant did not pay the premium treated on credit while driving D restaurant, it should do so. If the F restaurant’s transfer price of KRW 50 million is expected to enter 1 to 2 months, it shall be used as D restaurant premium and facility expenses, and if the F restaurant’s transfer price enters 1 to 2 months, it shall be paid immediately as the F restaurant’s transfer price enters 1 to 2 months.”

However, in fact, the Defendant, as a bad credit holder, borrowed and appropriated the lease deposit of KRW 20 million paid to clients while opening the above D restaurant due to the lack of assets held by the Defendant as a bad credit holder, and was not paid the premium of KRW 30 million,00,000,000 for the premium of KRW 50,000 from November 201 to April 201. Thus, the Defendant did not have any intent or ability to repay as agreed upon even if he/she borrowed money from the victim.

The Defendant, by deceiving the victim as above, received KRW 50 million from the victim as the borrowed money and acquired it as the borrowed money.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. E prosecutorial statement;

1. Each written statement of E and G;

1. The defendant asserts that, at the time, a notarial deed, a real estate lease contract, a content certification, a corporeal movables attachment report, a text message, a book, and the defendant living together with the defendant at the time, the victim who operated a D restaurant as a business of operating the restaurant was not deceiving the victim as stated in the facts charged, but did not borrow it. However, the above evidence is consistent statements from the police station of the victim E to this court and the above restaurant's operation recorded in the records of this case.