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

On July 2014, the Defendant stated that “The Defendant shall prevent 4,500,000 won of the card price from being paid to the victim C” from paying money to the Defendant’s health source of the Defendant’s operation in Gyeyang-gu Incheon, Gyeyang-gu, Incheon.

However, in fact, the defendant did not have any intention or ability to repay money even if he borrowed money from the victim because he had a debt owed to financial institutions and individual creditors and borrowed money to repay the principal and interest.

Nevertheless, the Defendant, by deceiving the victim as above, received cash of KRW 2.5 million from the victim around July 10, 2014, and received cash of KRW 2 million around July 11, 2014.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. The Defendant asserts that: (a) a certificate of details by transaction account, the list of individual rehabilitation creditors, the details of transactions from January 1, 2014 to June 18, 2014; (b) the details of transactions from June 18, 2014 to December 27, 2014; (c) the details of transactions from June 28, 2014 to July 10, 2015 of the suspect; (d) the details of transactions from July 11, 2015 to December 31, 2015 of the suspect; (e) a list of individual rehabilitation creditors; (d) a copy of the records of investigation; (e) a copy of the records of each case’s account; (e) a victim’s intent to repay to the Defendant at the time of the instant case; and (e) the remittance of KRW 300,000,000 to KRW 15,251,205,145,201.

However, the following circumstances acknowledged by the evidence duly adopted and examined by the court, i.e., the Defendant at the time of the instant case.