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

The Defendant, as an operator of the “Ecafeteria” in Gangnam-gu Seoul Metropolitan Government, was unable to pay 6 million won of the employee F’s smuggling, 4.5 million won of the employee G’s wage, and 4.6 million won of the above cafeteria’s rent was in arrears, and the Defendant was obliged to pay 18 million won of the telephone fee of H. As such, even if the Defendant borrowed the cafeteria’s operating fund from the victim, there was no ability or intent to pay it.

Nevertheless, around December 16, 2009, the Defendant made a false statement to the effect that “The Defendant would lend the E-cafeteria operating capital to the victim I, i.e., that he would pay 10 million won a monthly interest if he/she lends the E-cafeteria,” and that he/she received from the victim, i.e., that he/she would receive KRW 10 million from the victim, from the victim. From that time to May 11, 2010, the Defendant received KRW 32.4 million from the victim by making a false statement to the account under the name of his/her J, as shown in the list of crimes in the attached Table of the crime from May 11, 2010.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of a witness I;

1. Application of the Acts and subordinate statutes on promissory notes, notes, loan certificates;

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

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

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) there are many criminal records of the same kind with the reason for sentencing under Article 62-2 of the Social Service Order Act; (b) the defendant reflects against himself and deposits 18 million won for the victim; and (c) the defendant’s age, character and conduct, family relationship, motive, means and consequence of the crime; and (d)