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

On April 20, 2015, the Defendant: (a) purchased scar from the Defendant’s residence located in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, with the phone to the victim D, and said, “it is possible for the husband to conduct a business by purchasing the scar (special vehicles necessary for construction, repair, etc. at a high place) with the premium; (b) he has not paid the installment; (c) he has paid the installment if he/she borrowed 20 million won; and (d) he/she would pay the 600,000 won per month with the interest of 3% per month; and (d) he/she would have paid all the money until April 21, 2016; and (e) the husband would have obtained the revenue of KRW 10 million per month by the scar.”

However, the Defendant was thought to use most of the borrowed money from the victim for the purpose of paying personal debts, and there was no particular property or income, and there was no intention or ability to repay the borrowed money and its income from the victim.

On April 21, 2015, the Defendant received KRW 19,400,000 from the damaged person’s account in the name of the Defendant (number E) and received KRW 127,30,000 from the time to March 21, 2017, total amount of KRW 127,30,000 from March 21, 2017.

Accordingly, the defendant deceivings the victim, thereby taking money from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act (including each fraud No. 2 through 5 of the annexed Table of Crimes), each choice of imprisonment with prison labor

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] General Frauds: Type 2 (at least KRW 100,000, but less than KRW 500,00) and the mitigation area (at least June 20 to February 20): The one-class increase as a result of the combination of identical competitions.