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

1. The Defendant of KRW 35 million, on December 30, 201, would purchase money from the victim B, who was known to the ordinary place in the party room located in Gyeyang-gu Incheon Gyeyang-gu, Gyeyang-gu, Incheon, to purchase money from the victim B and obtain profits from the market price by selling and selling, thereby making every 800,000 won per month.

“Finally false.”

However, even if the defendant borrowed money from the injured party, he was trying to use the money as repayment of existing debts and living expenses, etc., and did not have the intent or ability to pay the money to the injured party through the second sale.

As such, the Defendant, by deceiving the victim, was transferred from the victim to the company bank account in the name of the Defendant, KRW 5 million around December 30, 201, KRW 20 million around January 13, 201, KRW 10 million around February 6, 201, and KRW 35 million on three occasions, including KRW 10 million around February 6, 201.

2. The Defendant, at around March 15, 2012, would receive a loan from the victim who was demanded by the said victim to return the loan at the above place.

If you want to obtain a loan, it is necessary to increase the credit rating and to pay money more.

“Finally false.”

However, even if the Defendant borrowed money from the injured party, it was intended to use the existing debt repayment and living expenses, etc., and did not have the intent or ability to repay the previous borrowed money to the injured party with credit rating higher.

As can be seen, the Defendant, by deceiving the victim, transferred KRW 2.8 million to an enterprise bank account under the name of the Defendant from the victim, on March 15, 2012, via two occasions, including KRW 1.8 million around March 19, 2012, and KRW 1 million around March 19, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Complaint;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act ( comprehensively referred to as the "Act") and the choice of punishment for the crime, and the choice of imprisonment;

1. The punishment stipulated in the crime of fraud as stated in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Code (a heavier judgment of the court below) of the aggravated concurrent crimes.