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

The defendant, who had been operating an insurance agency, had the victim C who became aware of the insurance agency with the insurance customer, believe that there was a field of spathical inheritance at the time of stay in the Gyeongbuk Island, etc., and had the victim C borrow money.

On January 4, 2010, the Defendant made a false statement to the victim via phone, stating that “The amount that falls short of filling the year-end tax settlement due to a shortage of money,” which reads that “The Defendant shall lend 15 million won per annum. The interest shall be given 15% per annum and shall be repaid as money.”

However, it was difficult to provide financial resources such as loans of KRW 150 million and loans of KRW 600,000 and loans of KRW 14,000,00,000 from the lender, which the defendant had been living in Daegu North-gu, Daegu-gu, where the defendant had been living in, as security. Therefore, even if he/she borrowed money from the victim, he/she did not have the intent or ability to pay interest or principal.

As above, the Defendant, as well as the Defendant, by deceiving the victim, received KRW 15 million on the same day from the victim, and subsequently acquired KRW 86.5 million in total on five occasions from that time to October 31, 2012, as shown in the crime inundation table.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Application of the detailed list of transactions by account, deposit receipt, insurance documents related to insurance loans, inquiry about increase or decrease in insurance contract loans, borrowed certificates, and details of account transactions by account;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing of Article 62-2(1) and proviso of Article 62-2(2) of the Probation Criminal Act [the range of recommending punishment] general fraud (less than KRW 100 million) is mitigated (one month to one year) (special mitigation).