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

Around July 2010, the Defendant made a false statement to the effect that “Around July 2010, the Defendant would make a deposit equivalent to KRW 100,000 of the apartment house located in Gangseo-gu Seoul Metropolitan Government as security and make a payment without a mold, including interest, if he/she lends KRW 50,000,000 to the victim C with no office operating funds.”

However, in fact, the Defendant had already received KRW 60 million out of the deposit money for the lease on a deposit basis of the above apartment, and had to pay the remainder of KRW 40 million to the loan bank prior to the order, and thus, it was not possible to provide the above deposit money to the victim as security. While personal debt, such as bank Mypppbook loan obligation, etc. at the time, at the time, exceeds KRW 150 million, personal debt such as bank Mypbook loan obligation, etc. on the other hand, E agency operated by the Defendant did not have the intent or ability to pay the loan money to the victim at the time, because it did not raise the profit to the extent that it can be repaid to the victim

As above, the Defendant, by deceiving the victim as above, received KRW 4.56 million from the victim on October 26, 2010, KRW 5320,000 on October 28, 2010, KRW 13,192,00 on November 17, 2010, respectively, and received KRW 6,928,00 in cash on the same day, and received KRW 30 million in total from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the accused by the prosecution (including theC's statement);

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on borrowing receipts, etc.;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. An application for compensation under Articles 32(1)1, 26(1), and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of the Dismissal of Application for Compensation was made after the closing of argument, and is unlawful. The defendant shall pay part of the amount as interest to the victim.