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

The defendant is a person who is engaged in the tourist bus leasing business under the trade name of B, and the victim C is a person who is engaged in the tourist business under the trade name of D.

Around 2016, the victim was asked the Defendant to put in a bus for not more than three years a year from E while entering into a F Operating Agreement between the Defendant and E by leasing two tourist buses from the Defendant in 2016, and the victim was asked the Defendant to “it is possible to replace the bus with a bus for not more than three years a year.”

On January 2018, the Defendant made a false statement that “The Defendant would replace F by making a new purchase of a bus with a total of 40 million won, if he/she borrowed a bus with a total of 40 million won.”

However, even if the defendant received money from the victim due to the difficulties in the operation B at the time, he did not have the intention or ability to purchase the bus as operating expenses of the company, such as personnel expenses, capital gains, and public charges.

Around February 5, 2018, the Defendant: (a) by deceiving the victim; (b) received KRW 10 million from the G bank account in the name of the Defendant; and (c) received KRW 30 million from the same account around September of the same month; and (d) received KRW 40 million in total from the same account around the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and H;

1. A certificate of borrowing, certificate of confirmation, and application of each detailed Act or subordinate statute of transactions;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act does not amount to a large amount of damage of this case on the ground of sentencing under Article 62(1) of the suspended sentence. However, the fact that the defendant recognized the mistake and reflects it, there is no particular criminal power, the defendant seems to have committed the instant crime with negligence, the fact that the defendant appears to have committed the instant crime intentionally, allowing the victim to rent buses for not more than three years from another company for one year, and the victim's claim amounting to KRW