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

On January 1, 2017, the Defendant made a false statement to the victim B through the Defendant’s Gomo C, stating that “The Defendant would pay a large amount of money by lending money to the department department staff, travel staff, etc.” If the Defendant borrowed money to another person, such as department staff, travel staff, etc., he would receive the interest of the high interest of the local government system, and then pay the interest of the fifth part of the month to the party. If the Defendant wishes to pay the principal, he would also pay the principal without the framework of the principal if he talks only two months before the principal is paid.”

However, even if the Defendant borrowed money from the victim, it was thought that he would use the money to repay the principal and interest to the creditors of the Defendant, and did not think that he would receive interest from other persons. There was a situation in which he borrowed money from other persons in the same manner to use the money to repay the principal and interest of the money that he borrowed from other persons. Accordingly, since the obligation to return the principal and interest has been accumulated and increased, there was no intention or ability to repay the money borrowed from the victim.

The Defendant, from January 5, 2017 to April 18, 2017, caused the victim to transfer a sum of KRW 37.6 million, as shown in attached Table 1 through 5, to the account of the said C, and received money from C. From December 11, 2017 to February 21, 2019, the Defendant received money from C. As indicated in attached Table 6 to 47, “If the victim directly lends money without going through C, he would pay interest of KRW 10,530,00 per month other than KRW 5,00 per month if he/she directly lends money to the victim’s childcare center account operated by the Defendant.” Accordingly, the Defendant received from the victim a total of KRW 31,530,00 from the victim.

As a result, the Defendant, by deceiving the victim, received a total of KRW 350,3130,000 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police of the victim;