The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. On July 20, 2010, the Defendant was sentenced to a suspended sentence of two years in the Seoul Southern District Court for a period of eight months of imprisonment due to fraud, etc., and the judgment became final and conclusive on July 28, 2010.

On February 22, 2007, the criminal defendant against the victim E made a false statement to the victim “G” office, a business establishment selling discount merchandise coupons located in the Gangseo-gu Seoul Metropolitan Government, that is, the victim E, working for the store located in the Gangseo-gu Seoul Metropolitan Government, that “I want to look at the business of selling discount merchandise couponss along with H accompanied with Ha. H along with H, that I borrowed an office in Seoul Y, and borrowed 10 million won to use it as the office deposit and monthly rent to run the business. I are well operating the business.”

However, in fact, even if the defendant borrowed KRW 10 million from the victim, he did not use it for the purpose of leasing the office, 5.6 million won was delivered to H for voluntary use, and the remaining 4.4 million won was expected to be consumed for private purposes, such as the defendant's money for children.

In addition, the Defendant did not have a plan to engage in the business of selling discount merchandise coupons, and did not proceed with the business after receiving the money from the victim, and was expected to promptly set aside the money. Since there was no money in hand, there was no intention or ability to make a full payment from the victim even if he borrowed 10 million won from the victim.

On February 23, 2007, the Defendant received 10 million won from the victim to the bank account in the name of the Defendant, and acquired it by fraud.

B. On July 9, 2007, the criminal defendant against the victim I made a false statement to the victim I that "it is not sufficient to move the office to another place. It is not sufficient to pay 50 million won monthly interest on the loan of 10% per share, and KRW 500,000 won per share on July 13, 2007, and KRW 1 million shall be repaid on July 30, 2007, and the remainder shall be repaid in one million per share."