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

【2015 Highest 302】

1. Around July 27, 2012, the Defendant: (a) stated that the victim E would have repaid KRW 5,000,000 to the victim E within four months at the “joint taxi office” in the Si/Eup/Myeon-dong, Chungcheongnam-dong, Chungcheongnam-do, Chungcheongnam-do; (b) around July 27, 2012.

However, there are many cases where the Defendant did not have any particular assets, and even from around 2011 to 2012, the Credit Counseling and Recovery Commission decided to repay KRW 18,361,653 per month the above money to repay the debt amount of KRW 199,590 per month. There is no sufficient income to the extent that the said debt can be repaid only as a simplified taxable person. Thus, even if the Defendant borrowed money from the victim, it did not have the intent or ability to repay it.

The defendant, from that time to June 17, 2013, received cash 5,000,000 won from the victim as a loan in his/her place of payment from the victim, and from that time, three times the list of crimes in attached Form.

1. A sum of KRW 30,000,000 was remitted from a victim to an account under the name of F, the husband, in cash or husband, as entered in the list;

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

2. Around May 23, 2014, the Defendant committed fraud against the Victim G, stating that “I” restaurant operated by the Defendant in the Chungcheongbuk-gun H, Chungcheongnam-gun, and that “I will complete payment within 100 days if I lend money to the Victim G by operating the restaurant.”

However, on March 14, 2013, the Defendant had already failed to repay a large number of debts, and filed an application for personal bankruptcy, and there was no particular property, and there was no sufficient income to repay the said debts only as a simplified taxable person. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to repay the money.

The defendant, from that time, has received 4,700,000 won from the victim to the account in the name of F on the same day.