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

On June 2014, the Defendant borrowed 350 million won from the victim D while purchasing land and buildings in Busan Dong-gu, Busan, but did not change them.

On July 31, 2014, the above victim made a provisional attachment on the basis of a loan claim of KRW 350 million on the above real estate.

On October 22, 2014, the Defendant does not lease or sell a building due to provisional attachment to the victim in the Busan Seo-gu E 203.

In the case of lease or sale, it was false that the provisional attachment would be first repaid with the rent deposit or the purchase money, and thus the provisional attachment would be cancelled.

However, in fact, at the time, the Defendant had been liable for personal debts of more than 1.45 billion won, including the credit union loans of 1.5 billion won, and the interest rate was at least 6.5 million won each month, and even if the victim sold or leased the above real estate after the provisional seizure was cancelled, he did not have the intent or ability to preferentially pay the victim's debts.

On October 24, 2014, the Defendant: (a) by deceiving the victim as above; (b) ordered the victim to cancel the above provisional seizure; and (c) did not repay the above borrowed money, thereby acquiring property gains equivalent to KRW 350 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness D, F and G;

1. Application of Acts and subordinate statutes to make a statement of remittance of borrowed money, a statement of promise to pay the purchase price, etc. to the complainants, delegation to delegate the right to lease on deposit to the complainants, a certified copy of the register of land provisionally seized, a criminal investigation report (Attachment of a lease agreement, etc.), a report on investigation (Attachment of a lease agreement), and a report on investigation

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62(1) of the Criminal Act (the following sentencing is in heavy importance).