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

1. On October 12, 2016, the Defendant, at around 14:00 on October 12, 2016, via phone calls from the victim B at a place where it is not possible to repay money after three months from lending money to the victim B.

The phrase “ makes a false statement.”

However, in fact, the Defendant did not have any intention or ability to repay the borrowed money at the time, as he thought that the Defendant had a debt of KRW 200 million at the time, and that he did not have any intention or ability to repay the borrowed money at the time.

As such, the Defendant, by deceiving the victim, received the remittance of KRW 14.7 million from the victim to the personal compromise account (number C) under the name of the Defendant on the same day.

2. On February 15, 2017, the criminal defendant, on February 15, 2017, borrowed money to the victim within three months from the lending of money to the victim at a Buddhist place on February 15, 2017.

The phrase “ makes a false statement.”

However, there was no intention or ability to repay the borrowed money at the time for the reasons such as Paragraph 1.

As such, the Defendant, by deceiving the victim, received 9.1 million won from the victim to the above credit union account under the name of the Defendant on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to detailed statements of deposit transactions, credit information (suspects), and each investigation report (Evidence List 25 to 27);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 62-2 of the Social Service Order Act is that the Defendant recognized the instant crime and reflected against the Defendant, partly repaid money (10 million won), and there is no record of criminal punishment.