A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal records] The Defendant was sentenced on June 14, 201 to two years of suspension of the execution of imprisonment for the purpose of fraud at the Gangnam Branch Branch of the Chuncheon District Court on August 22, 201, and the judgment became final and conclusive on June 22, 2011. ② On August 13, 2013, the same court was sentenced to two years of suspension of the execution of imprisonment for one year as a crime of fraud and became final and conclusive on August 21, 2013.

[2] The Defendant, on August 24, 2012, paid 1 million won as interest per month if he/she borrowed 30 million won to the victim G, at a notarial office located in Gangseo-si, Chungcheongnam-si, and repaid all principal after one year.

“.......”

However, at the time of fact, the Defendant was punished as a violation of the Labor Standards Act due to his/her failure to pay wages to retired workers at the restaurant operated by himself/herself. While economic circumstances are very difficult, such as H and I bears the obligation equivalent to about 40 million won to many debtors, on the other hand, there was no intention or ability to pay the wages normally even if he/she borrows money from the victims due to lack of certain income or particular property.

Nevertheless, the Defendant, as seen above, was delivered KRW 30 million to the injured party from the time of deceiving the injured party and being given delivery of KRW 30 million on the same day by the injured party, from November 22, 2012 to November 22, 2012, as indicated in the list of crimes in the attached Table, and received KRW 90 million in total from the injured party on three occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Certificates of each promissory note process;

1. Previous convictions: References to inquiries, such as criminal history, (Attachment to investigation reports (Attachment to the same type of criminal records, etc. - Court rulings) - Application of statutes;

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

1. The latter part of Article 37 of the Criminal Act: Provided, That in light of the latter part of Article 37 of the Criminal Act that is not applicable under Article 39(1) and the language, legislative intent, etc. of Article 39(1) of the Criminal Act, if a crime for which judgment has not yet become final and conclusive cannot be ruled simultaneously with the crime for which judgment has already become final and conclusive, the latter part of Article 37 of