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

On November 1, 2014, the Defendant, at the end of the East Sea, entered into a contract with the victim E to engage in digging out pine trees located on G from F at the time of scam from F, but, on the face of lending KRW 30 million due to lack of funds to be able to mine out pine trees, he/she would immediately repay the borrowed money with the funds, and prepares a written confirmation to the effect that “Before December 5, 2014, the Defendant shall start work and return the principal at the time of the failure to perform the work prior to it,” and then, he/she shall receive from the damaged person a letter of confirmation from the Defendant on December 1, 2014, the Defendant shall receive KRW 30 million from the Saemaeul credit cooperative account (H) in the name of the Defendant on December 1, 2014.

Summary of Evidence

1. Legal statement of witness E;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. A protocol concerning the examination of some of the police officers against the accused;

1. A certificate, or the principal's financial transaction;

1. Each investigation report (the defendant and his defense counsel denied the intention of deception, but the following circumstances that can be recognized by compiling the above evidence, i.e., the defendant borrowed money from the injured party under the pretext of working expenses for cutting down pine trees in the above real estate, but the defendant borrowed money from the injured party for other purposes, and the defendant did not initiate work until December 5, 2014 as stipulated in the letter of commitment, and the defendant did not immediately return the money, but did not immediately return it, and even during the trial process, he did not change it for a considerable period of time, and the defendant had the ability to repay the money borrowed by disposing of timber in other regions, etc.

However, considering the fact that such a plan has not been properly implemented, the defendant borrowed money from the place of use in a situation where the ability to repay is insufficient, so the defendant may sufficiently recognize the intention of the defraudation of the victim, since he/she borrowed money from the place of use in a situation where the ability to repay is insufficient.

1. Criminal facts;