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

The Defendant stated that “E” operated by D in Songpa-gu Seoul Metropolitan Government on October 9, 2007, the victim F was “A” and the victim F made a false statement that “I will pay 2.5% interest per month on January 15, 2008 and pay the principal by January 28, 2008.”

However, in fact, the Defendant was at the time at KRW 8 million and did not recover approximately KRW 10 million for each month’s card payment without any other income, and was able to resolve the card payment from the victim’s living condition. The Defendant was unaware of whether the Defendant was able to make a profit at a level of KRW 100 million by engaging in trade business. Therefore, even if the Defendant was able to borrow money from the victim, there was no intention or ability to repay the amount.

The Defendant received from the victim a total of KRW 10 million on October 9, 2007 and KRW 20 million on October 15, 2005 from the victim to the account under the name of Han Bank in the name of the Defendant.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. The police statement concerning F;

1. The certificate of borrowing and the statement of performance;

1. Application of Acts and subordinate statutes to detailed statement of transactions in passbooks (No. 11);

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. [the scope of recommendations] of general fraud [the scope of recommendations] where a person committed a deceitful act intentionally in the mitigated area (one to one year) (one month) [special mitigation], or where the degree of deception is weak (the decision of the sentence], the details and contents of the crime, the degree of damage, and the victim.