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

[2014 Highest 2989]

1. On November 2012, 2012, the Defendant against the victim C: “E” operated by the victim C in Sungnam-si, Sungnam-si, Ma, and 1st underground floor, and “E” with the victim C, who had much experience in this industry, and has a large number of beer; the victim C worked for the victim as the head of the office at this business establishment if he/she takes up the prepaid amount of KRW 10 million to the victim; and he/she will pay the prepaid amount of KRW 10 million until December 30, 2012. In addition, the Republic of Korea War and the Republic of Korea have withdrawn the credit amount of KRW 10 million until December 20, 2012.” < Amended by Presidential Decree No. 23548, Dec. 30, 2012>

However, the Defendant, at the time, did not have any particular property due to ① divorce. ② Individual damage, such as debt to an insurance company, was 200 to 30 million won. ③ The Defendant was in a state of borrowing prepaid money from the said victim as it was unable to fully repay the debt of KRW 16 million from the “F” entertainment tavern prior to the time of moving into the said entertainment tavern. ④ The Defendant agreed to receive KRW 13 million from the “G” nearby the said “E” entertainment tavern around January 2013 and agreed to receive KRW 13 million from the said “E” entertainment tavern, and used the said money for housing rent costs and personal living expenses only once, and had been employed in the said G entertainment tavern, and thus, even if the Plaintiff received KRW 10 million from the said victim, he did not have any intent or ability to repay the said money in advance until he had repaid the said money.

Accordingly, the Defendant, by deceiving the victim as above, received cash of KRW 3 million from the victim to the post office account under the name of the Defendant, and remitted KRW 17 million to the above post office account on November 12, 2012.