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

1. Around January 9, 2014, the Defendant committed a crime with a false statement to the effect that “Around January 9, 2014, the Defendant would lend money to the victim D by phone call from the Defendant’s residence located in Suwon-si, Suwon-si, to the effect that “I will lend KRW 300,000 to each interest month and repay the principal six months thereafter.”

However, in fact, the Defendant was in the position at the time, and the husband did not enter the proper income, and thus, the Defendant did not have any obligation equivalent to KRW 100,000,000, such as the installment of capital under the name of the Defendant, and thus, even if he received the money from the injured party, he did not have any intention or ability to pay

Nevertheless, the Defendant received 50,000 won around January 9, 2014, and 4,50,000 won around January 10, 2014 from the injured party to the corporate bank account under the name of the Defendant, respectively.

Accordingly, the defendant was given property by deceiving the victim.

2. On April 12, 2014, around April 12, 2014, the Defendant called the victim D by phone at the Defendant’s residence as indicated in paragraph (1) around April 12, 2014, with the purport that “any damage may be resolved if the Defendant lends 10 million won to the victim.” Accordingly, the Defendant borrowed 10 million won as interest per month. The Defendant made a false statement to the effect that “The principal will be repaid within a few months.”

However, at the time, the Defendant did not have any intent or ability to repay the borrowed money within a few months, even if he received the money from the injured party, since the Defendant had a debt of KRW 100 million and was in an economic difficult situation as stated in paragraph 1.

Nevertheless, the Defendant received from the injured party the remittance of KRW 6 million from April 12, 2014, and KRW 4 million from April 14, 2014 to the account in the name of the Defendant, respectively. < Amended by Act No. 12583, Apr. 14, 2014>

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A copy of the passbook, a certificate of borrowing and a certificate of contents, each letter, a statement of transaction, and a suspect;