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

[2015 Highest 5061]

1. On February 201, 201, the Defendant against the victim D would pay the profits to the victim D on February 25, 201 by using the money invested for the purpose of lending the money to the applicant for a refund loan in lieu of cash, and receiving 5% of the principal and fee from the said applicants.

“.....”

However, even if the Defendant received money from the victimized party, he was thought to cover the Defendant’s living expenses, etc., and was able to use the money invested from the victimized party for the purpose of lending the money to the victimized party, and there was no intention or ability to pay the proceeds promised to the injured party without any specific property

As above, the Defendant: (a) by deceiving the victim; (b) obtained KRW 8 million from the victim on February 9, 201; (c) KRW 2 million on February 11, 201; and (d) KRW 10 million on March 29, 201; (b) KRW 15 million on August 31, 201; (c) KRW 5 million on September 8, 201; (d) KRW 10 million on October 27, 201; (e) KRW 1,00 million on November 16, 201; and (e) obtained KRW 7 million on December 28, 201; and (e) obtained KRW 7 million on transfer from the victim on December 6, 2012.

2. On May 2, 201, the Defendant against the victim E, at a G branch located in Gangnam-gu Seoul Metropolitan Government F on May 2, 201, lent KRW 100 million to the victim E in lieu of the existing 2 financing or 3 financing rights loans from the 1 financing branch, and the 1 financing branch is converted to a low interest rate and the 2 financing branch will be repaid after one year.

“.....”

However, even if the Defendant borrowed funds from the damaged party, it was thought that it was used to pay the Defendant’s living expenses or debt, and otherwise, the Defendant promised to pay 2 million won to the injured party.