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

On May 12, 2010, the Defendant entered into a standard contract for private construction works with the victim E, the representative director of the Dispute Settlement Bank D, and entered into a new apartment house construction contract with the Fund, located in the Seoul Special Metropolitan City F, and the victim was engaged in removal and excavation construction at the construction site. On December 30, 201, the Defendant was unable to continue construction works any longer because the project site was designated as a "Saeung-si, North Korea Special Metropolitan City," and the approval for commencement was not granted.

On February 2, 2011, the defendant can obtain approval for the commencement of a row house if he delivers KRW 100 million to the public officials of the department in charge of viewing and viewing in the form of a street loan to the victim at the new site office of the building of the apartment house in question.In addition, the Dispute Resolution D has to bear half the amount of money, and the lender will settle the money later from the apartment house sale price."

However, in fact, the Defendant did not have any person among the public officials working for the lower-school viewing and was willing to use the Defendant’s bicycle purchase and debt repayment with money from the victim, so even if receiving money from the victim, the Defendant did not have any intention or ability to use the money as the street funds for the lower-school public officials.

On the 17th day of the same month, the Defendant, by deceiving the victim as above, transferred KRW 50 million to the post office account (H) in the name of G (H) that was used as the Defendant’s borrowed account from the victim, and acquired KRW 100 million in total from the 'J-cafeteria’ parking lot located in Hanam-si I around the 18th day of the same month by obtaining 50 million cashier’s checks of KRW 100,000 from 'J-cafeteria' parking lot located in Ha

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each legal statement of witness K and E;

1. Application of Acts and subordinate statutes on the loan certificate;

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

1. The above money has been returned to the victim under Article 62 (1) of the Criminal Act;