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

The defendant recruited victims C, etc. and operated the system.

At the time, the Defendant assumed a debt exceeding KRW 45 million, while the Defendant did not have any property.

In addition, there was no intention or ability to complete payment even if it borrowed money from the victim's subjects because it is not operated normally.

Nevertheless, around July 2008, the Defendant borrowed the above money from the “E Health Center” operated by the Defendant in the Nam-gu Seoul metropolitan area, stating that “If the Defendant borrowed KRW 20 million to the victim, it would return it immediately.”

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and F;

1. A protocol of examination of part of the defendant by prosecution;

1. A copy of each bankbook and a detailed statement of transactions;

1. Application of Acts and subordinate statutes for personal bankruptcy and exemption, and the list of creditors;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Judgment on the defendant's assertion under Article 62 (1) of the Criminal Act

1. The gist of the assertion was that at the time of the crime of this case, the Defendant’s husband’s income and the Defendant’s income (health center) borrowed money from the victim.

However, the defendant's husband did not pay the money, while the husband's income is reduced due to her husband's blood, and the defendant's income is reduced due to her husband's disease.

Therefore, at the time of committing the instant crime, the Defendant had the intent and ability to repay the money.

2. Determination is consistent with the Defendant’s assertion, such as ① details of money transaction between the Defendant and the victim, ② the Defendant paid some interest or principal (five million won) after the instant case.

However, considering the following circumstances recognized by legitimate evidence investigation, the criminal intent of the defendant can be recognized.

At the time of committing the instant crime, the Defendant at least KRW 45 million = G 5 million H 15 million worth KRW 1.5 million.