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

On January 25, 2010, the Defendant made a false statement that “The Defendant would lend money to tourists, who will provide a funeral service to tourists, on his/her own seat,” at the victim D’s house located in Sinsi-si, Sinsi.

However, the Defendant did not have any intent or ability to complete payment even if he borrowed money from the victim, because the Defendant had a debt to the bank, etc. at the time, and it was difficult to do so due to economic circumstances, such as discontinuance of business, since he was not a funeral to the extent that he was unable to do so, even if he was unable to do so.

Accordingly, the defendant deceivings the victim as such, and obtained a total of KRW 10 million from the victim on a loan basis at around that time, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Application of details of transactions, copies of payment order Acts and subordinate statutes;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the degree of deception is relatively weak, and that the victim does not want the punishment of the defendant by mutual consent with the victim and that the defendant does not have any criminal record of suspended execution or more, etc.);