However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

On January 12, 2009, the Defendant created a right to collateral security at a singing practice room in which the Defendant lent KRW 30 million to the victim E at the Seocho-si Sweon House (hereinafter “Sweon”) and paid the amount at the rate of 5% per annum until May 12, 2009.

One of the senior collateral security rights is to be released upon the expiration of the period of payment, and the two will be released when the repayment is made with the time limit of payment.

The phrase “ makes a false statement.”

However, at the time, the Defendant was in excess of the obligation due to a financial institution(CF)’s obligation of KRW 325 million and a lending company’s obligation of KRW 17 million. The Defendant’s music practice center operated by the Defendant did not have the collateral value due to the establishment of a senior mortgage equivalent to KRW 789 million with the maximum amount of the claim. However, the Defendant was under circumstances where there was no time limit and interest on a large amount of loan was paid. Therefore, the Defendant was not able to cancel a senior mortgage rather than the victim’s right of collateral, and thus, the Defendant did not have any intent or ability to pay the loan normally even if he borrowed money from the victim

Around January 12, 2009, the Defendant received KRW 24 million from the damaged party to the Agricultural Cooperative Account (F) in the name of the Defendant, and received KRW 6 million from the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Complaint;

1. Account transfer statement, certificate of borrowed money, and contract for establishment of a right to collateral security;

1. Application of Acts and subordinate statutes on credit information;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the scope of the recommended punishment according to the sentencing guidelines for the Supreme Court [the scope of the recommended punishment] is general fraud (less than KRW 100 million) and the mitigation area (one month to one year) [the person who has been specially mitigated] is not subject to punishment, or damage corresponding to a considerable portion has been restored;

2. Determination of sentence reflects the error of the Defendant who recognized the instant crime.