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

On May 30, 201, the Defendant stated, through the Defendant’s wife C, that “Around May 30, 201, the Defendant would have repaid the money to the victim D through the Defendant’s wife, because he/she would be able to receive KRW 5 million as he/she is urgently required to pay the money. In a trial, he/she would be able to receive KRW 8 million as he/she won in winning the case.”

Around June 29, 2011, the Defendant continued to provide the victim with a loan of KRW 25 million in addition to the amount of taxes on inherited real estate to the victim in Seongdong-gu Seoul Seongdong-gu, Seoul, the Defendant provided that “The Defendant shall pay the tax on inherited real estate to the victim.” First, the Defendant shall pay the interest of KRW 5 million as well as the amount of the interest of KRW 5 million and shall be repaid within one year.”

However, the Defendant was thought to use the said money for changing the form and quality of the land to sell Smarket land owned by the Defendant, expenses for the operation of Smarket, and repayment of personal debts. At the time, the Defendant was unable to pay KRW 300 million if the amount in arrears was in excess of KRW 150 million, and the amount in arrears was in excess of KRW 300,000,000,000,000,000 from the lender and the individual, and the Defendant did not have any intent or ability to pay the said money even if he borrowed money from the victim due to the fact that the said land owned by the Defendant was seized as taxes in arrears.

Nevertheless, on May 30, 201, the Defendant received KRW 5 million from the victim’s account on a false statement, and received KRW 25 million as a check on June 29, 201, and received KRW 30 million in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A protocol of examination of partial suspect against the defendant (including D's statement);

1. Each police statement concerning D;

1. A criminal investigation report;

1. Application of Acts and subordinate statutes to a certificate of fact, detailed statement of damage, duplicate copy of passbook, loan certificate, and written notification;

1. Article 347(1) of the Criminal Act, which covers the pertinent Article of the Criminal Act and the choice of punishment.