However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

1. On July 20, 2008, the Defendant: (a) lent additional KRW 10,000,000 to the victim E at the D restaurant operated by the Defendant in Chuncheon-si; (b) paid 3% interest on each month; and (c) immediately sold the house to repay the house.

However, in fact, even if the defendant borrowed money from a restaurant that was operated at the time due to the increase in the status of the restaurant operation due to competition with the neighboring restaurant, he/she did not have the intention or ability to fully repay the interest and principal, even though he/she borrowed money from the relation that the status of the restaurant operation has deteriorated due to the increase in the status of the restaurant operation.

As such, the Defendant, by deceiving the victim, received from the victim the payment of KRW 10 million as the borrowed money, namely, from the victim.

2. On January 28, 2010, the Defendant paid the victim an additional interest of KRW 10,000,000 on every 3% of each month on the loan of KRW 10,000 to the victim, and made a false statement to sell the house immediately.

However, on December 31, 2008, the Defendant had already sold a house and land, and even if he/she has continuously borrowed money in excess of his/her obligation with the sale price, he/she had no intention or ability to fully repay the interest and principal.

The Defendant, as such, by deceiving the victim, was paid KRW 10 million in cash from the victim, in i.e., in exchange for a loan from the victim, and received KRW 20 million in the same manner, such as receiving KRW 10 million on October 19, 19 of the same year.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the suspect against the defendant (including E part of the statement);

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 347(1) of the Criminal Act (Article 347(1) of the same Act as to the facts constituting an offense (Article 347(2) of the same Act as a whole).