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

1. Around June 11, 2014, the Defendant provided that “The victim D shall be paid a full payment within one month if he/she borrowed money.”

However, at the time, the defendant had no intention or ability to repay the borrowed money at the time, even if he borrowed money from the victim, because his personal obligation, including the amount of KRW 30 million to be paid to the customer, has reached the amount of KRW 100 million.

As above, the Defendant, by deceiving the victim and deceiving him from the victim, transferred 5 million won to E head of Tong managed by the Defendant at the seat.

2. Around January 19, 2015, the Defendant stated that “it is too difficult to carry on the distribution business” to the above victim at the Cmate office located in Jeonnam-Nam, including five million won borrowed prior to borrowing money only once.”

However, at the time, the defendant had no intention or ability to repay the borrowed money at the time, even if he borrowed money from the victim, because his personal obligation, including the amount of KRW 30 million to be paid to the customer, has reached the amount of KRW 100 million.

On January 20, 2015, around 18:40 on January 20, 2015, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the E head of the Tong managed by the Defendant, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a loan certificate, one credit information, and one copy of account transactions;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Application of the sentencing criteria [the range of recommending punishment] General Fraud (less than KRW 100 million) is the basic area (from June to June).