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

On January 2012, the Defendant stated that “D” offices located in Pyeongtaek-si Co., Ltd., “F is performing construction works in F, and there is insufficient construction funds. In order to present the team leader G and organize the site, the Defendant would have 30 million won to participate in the construction if he/she lends 30,000 won as he/she needs to do so.” The Defendant stated that “The Defendant will pay 5% interest and pay 30,000 won by May 2012.”

However, the facts revealed, however, that the Defendant was notified by F that he would suspend construction after December 29, 201, when he received the said money from the victim with the obligation of KRW 70 million at the time, and that he would have to pay the said money for his personal debt and living expenses, and that he would not have any intent or ability to continue to repay the loan even if he borrowed the funds from the victim, on the ground that: (a) on December 29, 2011, the Defendant was notified by F that he would continue to have been productive; (b) but (c) on the same period, it was difficult to observe the fairness rate as the construction would have been carried out; and (d) it was anticipated that the construction would have been suspended.

Nevertheless, on January 13, 2012, the Defendant, by deceiving the victim, received KRW 30,00 from the victim, a delivery of KRW 30,00 from the said place as public capital.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of the police statement of E;

1. Details of account transactions and contract for construction works;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles of the Criminal Act concerning the facts constituting the crime: Article 347 (1) of the Criminal Act;

1. Suspension of execution: It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (the fact that the defendant both recognized the facts charged and reflects the depth thereof, the fact that only one minor fine is imposed on the defendant, the victim has repaid 18 million won to the victim, the age of the defendant, character and conduct, and family life, etc.) or higher;