However, the above sentence shall be executed for two years from the date of the final judgment.

Around March 20, 2012, the Defendant made a false statement to the victim D “C” page located in Seo-gu, Seo-gu, Gwangju, stating that “If the Defendant lends 10 million won to the victim a large amount of money, the Defendant would make a repayment without money.”

However, at the time of fact, the Defendant, at the time, was liable for the debt worth KRW 50,000,000, and was planned to use part of the borrowed money from the victim as a cost of living without any particular property and there was no other income due to no specific occupation. Even if the Defendant used part of the borrowed money from the victim for the number of days, it is unclear whether to recover the principal and interest, and thus, there was no intention or ability to repay the borrowed money to the victim.

The Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the Gwangju Bank account in the name of Dong E in the name of Dong E in the same day.

On April 2, 2012, the Defendant made a false statement to the victim “Before lending KRW 2 million to the victim, the Defendant would make repayment to the victim within a number of days including KRW 10 million.”

However, as seen earlier, the Defendant was in a state of excess of the obligation, and even if having used the borrowed money from the victim in the number of days, it was difficult to hold the principal and interest in return for the collection of the money properly, as well as the situation where the said money should be appropriated for living expenses, and thus, there was no intention or ability to repay the borrowed money to the victim.

The Defendant, by deceiving the victim as above, received 2 million won from the victim to the Gwangju Bank account in the name of the victim managed by the Defendant on the same day under the pretext of borrowing money from the victim.

Accordingly, the defendant deceivings the victim and defrauds the 12 million won in total.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The defendant;