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

The defendant operated the "A certified judicial scrivener" on the first floor of the building located in the Dong-gu in Gwangju-gu, and even if he borrowed money from the victim C, he did not have the intent or ability to repay the borrowed money because it is difficult to obtain additional loans from financial rights due to personal rehabilitation

Nevertheless, on March 2, 2019, the Defendant borrowed money to the victim by telephone, “Around March 2, 2019, the Defendant would have repaid the money in two weeks if he/she borrowed KRW 15 million.”

As such, the Defendant, by deceiving the victim, received a total of KRW 15 million from the victim to the account in the name of the Defendant’s wife, and acquired a remittance of KRW 5 million from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. A complaint stating that a crime of fraud is not established since the defendant had the intent and ability to repay the borrowed money. However, if the defendant borrowed a large amount of 15,00,000 won from the victim in order to raise the repayment amount, then he/she would have had the intent to acquire the borrowed money, it is reasonable to deem that the defendant had the intention to acquire the borrowed money, inasmuch as he/she had not paid the repayment amount seven times or more in accordance with the repayment plan, and if he/she would have expressed it as if he/she would have repaid it

1. Relevant Article 347 (1) of the Criminal Act concerning the crime, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (when suspension of execution of sentence is invalidated or revoked);

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that an agreement is made smoothly with the victim, and the fact that the defendant is in very difficult economically because he/she takes the procedure for personal rehabilitation);