[2016 Highest 2881] On July 29, 2013, the Defendant entered into a contract with the victim C Co., Ltd. (Representative D) office located on the eightth floor of the Gangnam-gu Seoul Metropolitan Government B building to pay KRW 916,300,00 per month for 36 months of the market value of the Ecrassller Rof Vehicle owned by the victim, and used the said vehicle by delivery.

On July 2014, the Defendant borrowed KRW 10 million from the Mutual Fash Hall in the Seoul Special Metropolitan City, Gangwon-do, which is located in the Seoul Special Self-Governing Province, and provided the said vehicle as security and embezzled it.

[2016 Highest 3761] On September 2, 2013, the Defendant made a false statement that the Defendant would repay the principal and interest to the third-party interests of the Defendant on a monthly basis, despite the fact that the clothing wholesale business operated by the Defendant was in the deficit of each month and even if the Defendant borrowed the money from the victim with the debt of KRW 100 million, the Defendant did not have the intent or ability to repay the money.

The Defendant received from the victim in cash a total of KRW 25 million on September 2, 2013, KRW 1 million on or around the 6th of the same month, KRW 5 million on or around the 13th of the same month, KRW 14 million on or around the 17th of the same month, and KRW 5 million on or around the 17th of the same month.

Summary of Evidence

1. The defendant's legal statement [2016 Highest 2881];

1. The police statement of H;

1. A copy of the automobile lease contract, and terms and conditions of the automobile registration certificate, and the balance of debentures (2016 high-class 3681);

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to a copy of a written judgment 2015 group7384;

1. Relevant Article 355(1) of the Criminal Act, Article 355(1) of the Criminal Act (the point of embezzlement), Article 347(1) of the Criminal Act, and the choice of imprisonment with labor, respectively;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to 15 years;

2. The scope of primary crimes (Fraud) based on the sentencing guidelines.