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.

[Criminal record] On May 16, 2014, the Defendant was sentenced to imprisonment with prison labor and six months for fraud, etc. at the Daegu District Court, and the said judgment became final and conclusive on August 1, 2014.

[ criminal facts] The defendant had been entrusted with the lease and management of the F Studio in Busan Metropolitan City from November 1, 2007 to the victim C while operating the E-style brokerage office in Busan Metropolitan City D.

On August 13, 2012, the Defendant: (a) around August 13, 2012, the Defendant: (b) around August 2012, the victim leased the said real estate to G on a deposit of KRW 40 million; (c) on a deposit of KRW 40 million; and (d) on a deposit of KRW 40 million for a deposit of KRW 40 million received from G on a deposit of KRW 20 million (Provided, That the monthly rent of KRW 450,000,000,000 for a deposit of KRW 4,50,000,000 for a deposit of KRW 4,00 per month while managing it; and (d) would return the deposit of the deposit

“........”

However, in fact, the Defendant had no intent or ability to pay the above money to the victim, since the Defendant, at the time of the construction of the studio at H, had the loan amounting to approximately KRW 850 million, including the money given for the purpose of raising the construction fund, and the interest cost only exceeds KRW 6.55 million every month, and only received the above money from the injured party and used it as repayment of other debts.

The Defendant received KRW 40 million from the damaged party to the Agricultural Cooperative Account under the name of the Defendant for the same day as the consignment for storage.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Copy of each protocol concerning the examination of the suspect against the accused by the prosecution;

1. Statement made by the police against C;

1. Investigation report (to hear the current status of loans extended by a suspect and telephone statements) and the application of Acts and subordinate statutes concerning suspect loan-related documents;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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