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

On March 5, 2013, the Defendant entered into a contract with the victim in E office, a stock company, the location of which is the second floor of the building in Busan Metropolitan City, with the victim D, which is the location of the second floor of the building in Busan Metropolitan Government, and falsely stated that “If the victim lends 25 million won to the necessity of living expenses, he/she shall repay 3 million won per month to the new bank account of the victim, he/she shall repay 25 million won per annum),” and that the Defendant was remitted from the victim about April 5, 2013 to the new bank account of the Defendant on the pretext of borrowing money, 5 million won per month, and 20 million won per September.

After that, on May 27, 2013, the Defendant again borrowed 25 million won to the victim at the above place, stating that “The Defendant shall repay 25 million won to the Defendant without paying the borrowed money, if it is additionally lent 25 million won per month,” and that it was transferred 25 million won from the victim to the above new bank account of the Defendant under the pretext of the borrowed money.

However, in fact, the Defendant had no particular property at the time, and there was considerable amount of 30 million won other debts, and since the personal rehabilitation procedure was in excess of the debts under way, there was no intent or ability to repay the debts normally even if the Defendant borrowed money from the victim.

After all, the defendant deceivings the victim as above and received 50 million won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (Taking into account the reflection of a suspended sentence, the first crime, and the agreement with the victim);