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

[Criminal Power] The Defendant was sentenced to a suspended sentence of ten months by imprisonment with prison labor at the Suwon District Court on September 3, 2014 and the judgment on May 29, 2015 became final and conclusive.

【Criminal Facts】

Around January 3, 2014, the Defendant stated that “C” office operated by the Defendant in Sungsung-si B, a victim D, who worked as an employee, used KRW 100 million with the interest of 4% per month to another person. When the Defendant lent the money to the employees, the Defendant would pay the interest of KRW 50 million per month, and the principal would be paid by paying the interest by April 30, 2014.”

However, in fact, the Defendant, without any special property at the time, was liable for the personal debt equivalent to KRW 50 million, and was in the absence of self-sufficiency such as default of national taxes equivalent to KRW 20 million. Therefore, even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to pay the principal and interest as promised to the victim.

As such, the Defendant, by deceiving the victim, received cash of KRW 50 million from the victim on the same day, and acquired it by fraud.

Summary of Evidence

1. Legal statement of witness D;

1. The certificate of borrowing money or the certificate of cash custody;

1. Credit information reply;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation reports;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The defendant and his defense counsel in determining the assertion of the defendant and his defense counsel under Article 62(1) of the suspended execution of the Criminal Act asserted that the victim voluntarily lent the surplus funds to the defendant in order to obtain a high interest rate, and did not deception the victim as stated in the facts charged, and did not have any intention to deception. However, in light of the evidence adopted and investigated by this court, such as the aforementioned evidence, the deception and the intent of deception as stated in the facts charged should be determined