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

The defendant is a person without a certain occupation and has no other property than 2 million won per month as a family helper around May 30, 2006, and the debt amount was paid to 29.2 million won per month due to monthly rent, etc., and 2.4 million won per month due to credit card, etc., and 2.4 million won due to credit card, etc. shall also be returned by receiving cash services from several heads, and thus, there was no intention or ability to repay it even if he/she borrows money from the victim. < Amended by Presidential Decree No. 17870, Jun. 30, 2007; Presidential Decree No. 2000, Dec. 1, 2007; Presidential Decree No. 2000, Feb. 20, 2007.

Nevertheless,

1. On May 30, 2006, the Defendant, at the Defendant’s house of Seocho-gu Seoul Metropolitan Government C Apartment 101 Dong 501, and at the Defendant’s house of Seocho-gu, Seoul Metropolitan Government 101 Dong 501, the victim D, who is the cause of the same fraternity, concluded that “if there is a lack of deposit to move into a wider Pyeongtaek apartment, it would be repaid with a deposit received on or around July 2007, it would be repaid with a balance that would be received on or around July 2007.” The Defendant, upon receiving KRW 20 million from the victim, acquired the money

2. On February 27, 2007, when the Defendant called the victim's house in Seocho-gu Seoul E-Ba 301 and additionally lent 2 million won to the victim's house, the Defendant borrowed 3 million won by adding her interest up to 1 million won, and repaid her credit to the money that was received on July 2007.

'False speech', which received 2 million won from the victim and acquired it by fraud.

Summary of Evidence

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

1. Statement of the police statement concerning F;

1. Application of investigation reports (report on details of transactions and status of repayment at the time of borrowing by suspects) and details of transactions by occasional period, and Acts and subordinate statutes governing entry and departure of passbooks;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of alternative imprisonment with prison labor (amount of damage compensation);

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

1. As to the intent of the crime of defraudation under Article 62 (1) of the Criminal Act (whether or not a person has a capability to repay);