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.

On October 27, 2014, the Defendant stated that “The Defendant would purchase the product and sell the product to the victim D at the office No. 462 of the building C, Hanam-si, that “it would make profits from the manufacture of the valve.” However, the Defendant would make profits from the manufacture of the valve at the time of the lack of the price of the material, so that the Defendant could not manufacture the product, first of all, sell the product by borrowing KRW 45 million, and then pay KRW 50 million after five months.”

However, at the time, the Defendant was unable to obtain a certification of environmental mark on the valves from the Korea Environmental Industry Promotion Institute, and the Defendant was thought to use the valve received from the injured party first for personal living expenses, etc., so even if he was paid the money from the injured party, he did not have the intent or ability to pay the victim KRW 50 million after five months after the manufacture and sale of the valve.

In sum, the Defendant, as seen above, received KRW 45 million from the victim to the account in the name of the Nonghyup Bank account and the FF Nong Bank account, the spouse of the Defendant, around October 27, 2014, by deceiving the victim and deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. The loan certificate;

1. An investigation report (Analysis of the details of the use of the amount of damage) [The defendant transferred the amount of KRW 12 million out of the above KRW 45 million to G corporation account, and there is no data to ascertain the use of KRW 12 million thereafter, part of the above amount shall be deemed to have been conducted in the business.

However, the defendant and defense counsel's assertion that the remaining amount except the above part is used for the defendant's living expenses or for the repayment of individual debts (the above investigation report) shall be deemed to have been paid out of the business funds.

Although the defendant borrowed money as business price by setting a short period of repayment (five months), it is so long as the defendant borrowed money as above.