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

Around March 10, 2016, the Defendant made a false statement to the victim B by phoneing the victim B at the flood site in Suwon-si, and “in-house drinking traffic accidents have been made.” If the Defendant fails to reach an agreement, it shall be binding. It shall be leased KRW 30 million on the pretext of the agreement.”

However, the Defendant, from around 2004, transferred the above business entity to D who is the Defendant’s punishment around 2006 due to the shortage of funds in operating C. At the time of the above loan, the Defendant had an individual debt of KRW 400 million and KRW 350 million against E, and the above C had an intention or ability to repay the amount from the victim, even if it was necessary, since it was necessary to borrow money from around 2013 to use it as operating expenses, such as repayment of debt, employee pay, etc., because it had little profits at the time. The Defendant borrowed money from the victim around 2013 to around 2013, and the Defendant did not have any intent or ability to repay the amount by borrowing money from the victim.

On March 10, 2016, the Defendant received money from the victim as the borrowed money from the victim, and acquired money from the victim each by remitting KRW 20 million on or around the 15th day of the same month.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. A protocol of examination of part of the defendant by prosecution;

1. B statement of the police suspect interrogation protocol against the defendant

1. The police statement concerning B;

1. A deposit statement, a statement of transaction in the name of the F, and a credit information statement (A);

1. Investigation report ( telephone conversations withG) and the detailed statement of financial transactions attached thereto (148 pages);

1. Investigation report (the telephone conversations withG – The details of repayment related to the telephone conversations) and the certificate of passbook without passbook attached thereto (the investigative record 151 pages);

1.The investigation report (in relation to the suspect telephone call - monthly rent).