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

On November 2016, the Defendant called the victim B by calls from Jinwon-dong, Jinwon-si, Jinwon-si, the end of November 2016, which reads that “The Defendant would pay the principal and interest of the loan if he/she lends money to his/her parents in need of the operation expenses of his/her father and mother.”

However, in fact, the Defendant did not need family surgery expenses, and was planning to blickly borrow money from the injured party to do so, and was obligated to repay the loan obligations. Around 80 million won without any profits at the time, there was no intent or ability to repay the borrowed money to the injured party.

Around December 1, 2016, the Defendant: (a) by deceiving the victim as above; (b) received KRW 10 million from the victim to the bank account (C) with the name of the Defendant’s name; and (c) received money from the victim to the bank account of the Defendant’s name; and (c) received KRW 81.6 million from around that time to December 26, 2016 by means of the same method in total 10 times, as shown in the list of crimes in attached Table 10 to December 26, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Complaint;

1. Application of Korean bank financial transaction statement law to the person under its name;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The crime of this case for the reason of sentencing under Article 62(1) of the Criminal Act is a bad, and the criminal liability is the case where the defendant acquired 81.6 million won from the injured party as above.

However, considering the facts that the defendant is against the defendant, the primary offender, the agreement with the victim, and other circumstances, such as the defendant's age, sexual conduct, environment, family relationship, motive and consequence of the crime, circumstance after the crime, etc., and the sentencing conditions specified in the arguments in this case, the sentence like the order shall be imposed.