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

On February 22, 2011, at the “C” restaurant for Defendant’s operation in Jeju-si, Jeju-si, the Defendant made a false statement to the victim D, stating that “Arhn-do, Jeonnam-do, is urgently required to pay money.” The Defendant paid money to the son after two months. If the son is unable to pay money, he/she would not be able to know about whether he/she will pay money in lieu of paying money. However, the Defendant made a false statement to the son as he/she promised with his/her wife to not engage in money transactions.”

However, at the time of fact, the defendant was not in need of urgency, and even if the defendant received money from the victim, the defendant was planned to use the money as the personal debt repayment, living expenses, credit card payment, etc. of the suspect without delivering it to the borrower. Since there was no monthly income at the time, the defendant did not have any intention or ability to fully repay the money borrowed by the victim.

On February 23, 2011, the Defendant received KRW 20 million from the victim to the Agricultural Cooperative Account in the name of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A copy of a loan certificate, a copy of the deposit and withdrawal, and the application of the Acts and subordinate statutes on replys to the details of financial transactions by Nonghyup

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 of Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] The basic area (the period of less than KRW 100 million) of the first category of fraud (the period of less than KRW 6-100 million) (the decision of sentence] shall not be proper, and the quality of the crime shall not be good because no agreement is reached with the victim.

However, the Defendant paid 7 million won to the victim after the indictment of this case, and the Defendant was in 2006.