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

On April 27, 2018, the Defendant: (a) at the main point of “C” located in Eunpyeong-gu Seoul Metropolitan Government, the Defendant: (b) transferred KRW 30 million to the account in the name of “E” on April 27, 2018; and (c) transferred KRW 30 million to the account in the name of the F Bank in the name of “E” on the ground that the victim D (the age of 43) had no money to purchase the vehicle to the Plaintiff.

However, at the time, the defendant did not have any particular property and did not have any monthly income, so even if he borrowed money from the victim, there was no intention or ability to repay it.

As such, the Defendant, without the intent or ability to repay the borrowed money, acquired 30 million won by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of partially examining the suspect (including D or G part concerning the suspect's interrogation);

1. Statement of D police statement;

1. A complaint;

1. A copy of a bankbook, a copy of a loan certificate, a financial transaction of the principal, data on installment purchase in vehicles, and credit information history;

1. Application of Acts and subordinate statutes of the Investigation Report (No. 7,8,10,12)

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The punishment shall be determined as ordered in consideration of the defendant's age, career, character and conduct, circumstances leading to and after the crime of family relationship, etc., as well as the overall conditions of sentencing, such as confession of the reason for sentencing under Article 62-2 of the Criminal Act, reflection, and the fact that the victim