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

1. On July 11, 2010, the Defendant concluded that, “If the Defendant had been urgently used and lent KRW 40 million to the victim C at the Dobong-dong Seoul Agricultural Cooperative, the Defendant would pay interest of KRW 1 million per month and repay the principal until February 28, 2011.”

However, at the time, the defendant was liable to pay more than 60 million won, and the interest that exceeds 10 million won was required to be paid every month, and the demand for repayment was given, so there was no ability to repay even if he borrowed money from the victim.

As such, the Defendant, by deceiving the victim as such, received 40 million won from the victim as the borrowed money, and acquired it by fraud.

2. On November 3, 2011, the Defendant stated that “A victim D shall have 17 weeks of pine trees, 2 weeks of pine trees, 20 weeks of pine trees, 200, and 2000,000 won of pine trees planted in Sinju-si, Sinju-si.” On January 3, 201, the Defendant made a false statement to the victim D, stating that “I will deliver the above trees if I will not redeem the said trees until January 15, 2012 if I lend 50 million won.”

However, in fact, the Defendant did not have the ability to repay the above borrowed money as stated in Paragraph 1, and the above trees had already been provided as security for transfer to the agricultural cooperative of public capital on May 12, 2006, and there was no ability to deliver trees in lieu of the borrowed money.

As such, the Defendant, by deceiving the victim, received 50 million won from the victim to the Agricultural Cooperative Account under the name of the Defendant, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of a reply, investigation report (the F counterpart currency of a witness), a document of borrowing the preparation of a suspect, a copy of passbook, a contract to establish a superficies, a contract to establish a security for transfer, a written consent to the credit information inquiry;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act, the suspension of execution;