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

The Defendant, around August 10, 2016, at a new bank located in Seongbuk-gu Seoul Metropolitan Government head-dong, gave the victim C interest of KRW 100,000 in one month of lending KRW 20 million and repaid the principal after the two months.

A false statement was made to the effect that a vehicle is to be provided as security.

However, in fact, the Defendant thought that he would substitute the franchise vehicle provided as security to the victim with another vehicle, and did not intend to close down the main points that he operated at the time, and there was no other personal obligation, such as credit cards, overdue loans, purchase loans, liquor payments, etc. equivalent to KRW 1.6 million, and thus, even if he borrowed money from the victim, he did not have an intention or ability to change it on the date of promise.

Nevertheless, the defendant deceivings the victim as above and received KRW 18 million from the victim, namely, from the victim, to the agricultural bank account in the name of the defendant for the loan, and received KRW 2 million in cash from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the prosecutor's statement protocol to C;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Selection of Punishment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The details of the crime, the circumstances favorable to the disadvantage of sentencing: The fact that there is no record of punishment for the same kind of crime, the fact that the defendant agreed with the victim, on May 11, 2017, was sentenced to imprisonment with prison labor for special intimidation at the Seoul Southern District Court and currently in trial at the appellate court on the same time on May 11, 2017, and other conditions of sentencing indicated in the record, such as the defendant's age, sex, environment, etc., shall be determined as the sentence as ordered.