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

On June 16, 2011, the Defendant made a false statement to the victim C (the 53-year old age), who was aware of the 6th floor of the Seo-gu B Apartment Building 6th floor, Seo-gu, Daegu, to the effect that “I will make payment without a mold within three months by operating the 10 million won store, if I would promptly take over and operate the 53-year store. I would like to urgently take over and operate the 53-year store.”

However, at the time of fact, the Defendant did not have certain revenues or assets, as well as the Defendant was in a bad credit holder who was unable to repay the credit amount of KRW 7 million. In order to pay the said amount of the premium to the said amount of money borrowed from the victim, the Defendant was thought to have first repaid the debt of KRW 7 million borrowed from another person and used the remainder as repayment of the hospital expenses, credit card debts, etc., and the Defendant did not have any intent or ability to pay the money within three months even if he did not think that he/she would have paid the remainder of the deposit necessary for the said payment and received and operated the money properly, and he/she did not have any intent or ability to pay the money from the victim.

Nevertheless, as above, the defendant deceivings the victim and received KRW 10 million from the victim as the borrowed money on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. 수사보고(피의자 변제능력 및 차용금의 사용처), 수사보고(피의자 제출서류), -대구은행부채(문자화면), -신한카드 부채증명서, 수사보고(찐빵만두가게 주인)

1. A complaint, - A copy of a remittance passbook shall be denied to the effect that the Defendant was merely unable to repay the money due to the lack of good business and did not have any intent to commit the crime of fraud.

However, at the time of borrowing money from the victim, the defendant is expected to bear the same obligation as stated in the criminal facts, and the defendant has borrowed money from the past D or E.