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.

On July 11, 2016, the Defendant agreed to pay KRW 711,510,000,000,000 to the 26th day of each month with interest rate of KRW 20.2% on a yearly basis when the Defendant received a loan from a savings bank in consideration of the victim (state) at a place where the location is unknown.

However, at the time of fact, the Defendant did not have any particular property in addition to the monthly income of KRW 50 million equivalent to KRW 120,000,000 and KRW 60,000,000 from the Defendant’s will of the Defendant. On July 5, 2016, the Defendant repaid most of the financial rights obligations with loans from the mutual infinite lending brokerage company through the mutual infinite lending brokerage company. Thereafter, the Defendant plans to obtain loans from other lending companies including the victim and to repay the loans with the lending brokerage company, and thus, the Defendant did not have any intent or ability to repay the loans from the damaged party.

The Defendant, as seen above, by deceiving a person in charge of the victim’s name in mind, received KRW 27 million from the national bank account in the name of the Defendant on July 14, 2016 from the injured party to receive the deposit of KRW 27 million from the national bank account in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Any statement made to the accused in part of each protocol concerning the suspect interrogation of the police;

1. Statement made by the police against C;

1. Complaint;

1. The credit summary of the KFB, the Changwon District Court Decision 2016 Session 35022, the list of individual rehabilitation creditors;

1. He/she shall be subject to the application of a detailed statement of transactions D by the National Bank of Korea, and statutes applicable to AAA bank E;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of the recommended punishment] In the case where the victim intentionally committed the act of deception (one month to one year) in the area of special mitigation (one month to one year) [the special mitigated person] or the degree of deception is weak, the victim also has considerable responsibility for the occurrence of the crime or the expansion of damage [the decision of the sentence] damage.