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

On May 1, 2018, the Defendant issued a false statement to the victim B, stating that “The Defendant or the wife of the Defendant will provide the victim B with a guarantee so that he/she may take over sckes,” or that “she will lend KRW 150 million to sckes acquisition funds.” On July 1, 2018, the Defendant returned the victim’s judgment, and then, on July 1, 2018, the Defendant issued a false statement to the victim that “the funds for the operation of sckes are urgently needed. It will be repaid immediately within the Republic of Korea.”

However, in fact, the defendant did not have any intent to guarantee the victim to take over cream or to lend money to the victim, and because the restaurant business operated was unable to pay rent due to the lack of money, even if he borrowed money from the victim, he did not have any intention or ability to pay it.

Accordingly, the Defendant, as seen above, received a total of KRW 18 million from around that time to October 5, 2018, as shown in the annexed crime list, by deceiving the victim, and received KRW 18 million from around that day to the Nong Bank account under C’s name on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Partial statement of the police suspect examination protocol against the defendant;

1. Protocol of the police statement concerning B;

1. Application of the Acts and subordinate statutes to file a complaint, investigative report (to be accompanied by data submitted by a complainant), details of transaction, loan certificates, text messages, investigation reports (to be accompanied by data submitted by a complainant), and the details of text messages, and investigation reports

1. Relevant Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act leads to the crime of this case during the period of suspension of execution. The crime of this case is bad by deceiving money by lending money to, or promising to give guarantee to, the victim who is the motive of middle school.