However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

The Defendant is a person who has operated the “C” corporation as a manufacturer of steel materials parts located in the Gu of Ansan-si.

Since it was difficult for the Defendant to operate the company due to the fact that the obligation, which was not paid to the customer in around 2012, was over KRW 1.2 billion, and the obligation to be received from the customer was not recovered well, the Defendant did not have an intention or ability to pay the obligation normally even if he borrowed money from another person.

1. On February 27, 2012, the Defendant: (a) made a telephone call to the victim D, who was known to him as a business partner, and received the money from the victim to the new bank account (E) in the name of the Defendant on the same day; and (b) obtained the money from the victim, thereby obtaining the money from the victim.

2. On December 28, 2012, the Defendant: (a) calls from the victim on or around December 28, 2012; and (b) “A bank loan cost is required to be two million won.”

The loan shall be paid in full with the outstanding amount of 10 million won from the loan and the total amount of 30 million won from the loan prior to the loan.

‘Falsely speaking, the victim received 2 million won as the borrowed money from the Industrial Bank of Korea account (F) in the name of the defendant on the same day from the victim and acquired it by money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes for the certificate of transfer confirmation;

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

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommendations according to the sentencing guidelines] - The area of mitigation (one month to one year) of types 1 (the area of less than 100 million won) in general fraud - The person who is specially mitigated: The amount of punishment is not subject to punishment [the decision of sentence] - the defendant's recognition of all crimes and reflects the form of punishment, the victim does not want the punishment of the defendant, and the victim does not want the same kind of criminal conviction or suspension of execution.