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

On September 22, 2014, the Defendant made a false statement to the victim C, “If the Defendant has lent money to the victim for a good time for at least 10 years, the Defendant borrowed money from China to the victim’s dwelling in Gyeyang-gu, Seongbuk-gu.”

However, at the time of fact, the Defendant was unaware of the Dongdaemun-gu who imported the bank in China, and was thought to use the borrowed money for the investment of stocks, and there was no experience or professional knowledge about the investment of stocks, and was low possibility of paying the victim’s borrowed money due to the investment of stocks. Since some of the borrowed money, which had no special revenue or property, should be used for the repayment of personal debt, credit card payment, etc., even if the Defendant borrowed money from the victim, there was no intention or ability to pay the borrowed money.

The Defendant, as such, by deceiving the victim, received KRW 185,820,00 from the victim on September 22, 2014, and received KRW 143,416,512 in total from that time to February 6, 2018, as indicated in the list of crimes, and acquired property benefits equivalent to KRW 43,403,403,488 by failing to pay the remainder.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Details of the CF Account transactions, CF bank account transactions, Nonghyup Bank transactions, and account transactions with a suspect new bank account;

1. Application of investigation reports (in relation to rent), investigation reports (in relation to details of securities transactions with suspect-friendly securities accounts), and statutes;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The range of recommendations according to the sentencing guidelines [the determination of types] and the range of recommendations [the types of fraudulent offenses] below the amount of KRW 100 million [the amount of punishment ] below the amount of KRW 100 million (the amount of special punishment ]: the range of recommendations where punishment is not granted or significant damage is recovered; and