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

On May 30, 2013, the Defendant made a false statement that “E” restaurant operated by the victim C in Daegu-gu, Daegu-gu, would have the victim paid money that ends if he/she lends money to the victim to use in purchasing the chickens.”

However, the defendant did not have any intent or ability to pay the amount even if he borrowed money from the victim due to the lack of credit standing at the time.

As such, the Defendant, by deceiving the victim, received 10,000,000 won from the victim and acquired it by deceiving the victim.

In addition, the Defendant received a total of KRW 31,00,000 from around that time to September 7, 2013, a total of KRW 31,00,000, as shown in the separate crime list, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement by the prosecution against C;

1. A complaint;

1. Application of Acts and subordinate statutes to each investigation report (the filing of records of remittance records and accompanying documents of suspect A credit reports);

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

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Articles 32(1) and (2) and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (the scope of Defendant’s liability for compensation is not clear) [the scope of recommending punishment] types 1 (100 million won or less) (1-1 year) in the mitigated area (1-1 year) [the person subject to special mitigation] in a case where the punishment is not imposed or considerable damage is recovered [the decision of sentencing]. However, it is denied that deposited KRW 31 million on October 20, 2014, which deposited KRW 31 million in the same and fine, without any history exceeding the same kind and fine, and all other circumstances that form the conditions for sentencing, such as the Defendant’s age, character and conduct, environment, motive or circumstance of the crime, means and result, and the circumstances after the crime.