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 December 30, 2016, the Defendant, at the office of “E company” operated by the victim D, which is located in “E company in the city of Won-si,” concluded that “The victim may obtain a loan from the bank as security, and may promptly obtain a loan from the bank, if the loan is extended to the bank, and if the loan is extended to the bank, the loan may be repaid immediately as the loan is extended to the bank, and if the loan is extended to the bank, the loan may be repaid at least 15 days thereafter.”

However, at the time, the defendant was unable to obtain a loan from the bank as collateral for apartment as collateral, was thought to use the money received from the injured party as a personal interest without paying it as a loan to the bank, and even if he borrowed money from the injured party, such as there was no monthly income at the time and the debt reaches one billion won, there was no intention or ability to repay it.

The Defendant received from the injured party a remittance of KRW 10 million from the credit cooperative account (Account Number F) in the name of the injured party.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where a person intentionally commits a deceptive act in the area of special mitigation (one month to one year) (special mitigation) (a person with special mitigation) within the sentencing criteria [the scope of recommending punishment] and the extent of deceptive act is weak, or where the punishment is not imposed or considerable damage is recovered;

2. The sentencing conditions, such as the defendant's age, sex, family relation, environment, motive and circumstances after the crime, shall be determined as ordered in consideration of the following circumstances and the defendant's age, sex, family relation, environment, etc.

A disadvantageous circumstances: The defendant is a few kinds of fraud.