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

On March 2, 2009, the Defendant: (a) made a false statement to the victim C, stating that “When she intends to engage in funeral services, she will repay 15 million won since there is a shortage of funds in doing so; (b) borrowed 15 million won to the Defendant’s wife account immediately from the victim; (c) received a remittance of KRW 15 million from the victim to the Defendant’s wife account on April 10, 2009; and (d) again, around April 10, 2009, the Defendant received from the victim the victim a false statement stating that “I will pay 10 million won after the month when she borrowed her mother and child, if she borrowed her only KRW 10 million.”

However, even if the Defendant borrowed money from the victim, he did not use it for a new funeral, and thus, he did not have any intent or ability to pay the money to the victim by doing a new funeral.

The Defendant, as above, by deceiving the victim and deceiving the property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the investigation report (written passbook copy, loan certificate);

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. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Probation under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation (the scope of liability for damages is not clear since the part partially repaid by the defendant

1. Determination of types of crime: Type 1 (less than 100 million won) of the general fraud;

2. Determination of the scope of sentence: Basic area, six months to one year and six months (no special person shall be punished);

3. The decision of the sentence and the suspension of execution are recognized and against the defendant's mistake, the defendant did not agree with the victim, but up to now 8.5 million won has been repaid in total to the victim, and the defendant has no same criminal records.