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

On March 2015, the Defendant made a false statement to the victim B by telephone, stating that “The Defendant would pay the purchase price of goods for business and pay the purchase price of the card within one month if he/she lends the purchase price of the card to the victim B.”

However, at the time of the instant case, the Defendant had a debt of KRW 30 million from the lending company, KRW 80 million from the Korea Technology Finance Corporation, and KRW 40 million from the Korea Technology Finance Corporation, and KRW 150,000,000,000. The Defendant did not have an intent and ability to repay the debt even if the Defendant borrowed the money from the victim, on the ground that there was no economic situation to the extent that the payment of interest on the debt or the cost of living was insufficient.

The Defendant deceptioned the victim as above and received KRW 3,00,000 from the victim’s account in the name of the Defendant around March 9, 2015 and received KRW 21,30,000,000 from around that time to February 19, 2016 as shown in the crime list.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Certificates of borrowing, respective letters of borrowing, and details of transactions;

1. In light of the following: (a) a statement of account transactions and a certified copy of the notarial deed (the defendant alleged that he had no intention to obtain money; (b) the economic situation at the time of borrowing money from the victim; (c) the defendant’s promise to repay money to the victim was merely one month; and (d) the defendant fails to repay money to the victim until now, the application of the law at least dolusis

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. The range of recommendations on the sentencing criteria: the reduction area (one to one year) of types 1 (less than KRW 100 million) shall be mitigated (one to one year) (special mitigation) from one month to one year (the scope of recommendations) of the imprisonment, and the act of deception with negligence.