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

Even if the Defendant received loans for the purpose of the purchase fund, he had no intention to purchase and operate the loans, and there was no intention or ability to repay the loans.

Nevertheless, around August 17, 2010, the Defendant purchased two vehicles for possession and set up a right to collateral security and paid KRW 1,546,560 per month to the employees of the Victim Dug Capital Co., Ltd. in Seo-gu Incheon, Seo-gu, Incheon and paid KRW 46,90,000 as the purchase price for possession by borrowing KRW 46,90,000 on the same day for 36 months. The two vehicles for possession were immediately transferred to the person with poor name and received KRW 10,00,000 in return.

Accordingly, the defendant deceivings the victim company as above and acquired 46,900,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. A complaint;

1. An installment financing agreement;

1. Construction machinery register;

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] general fraud (less than KRW 100 million) and mitigation area (one to one year), [special mitigation person], or a case where considerable damage has been recovered (the decision of sentencing], which is disadvantageous to a certain amount of damage.

It is very low that the defendant has gained substantial benefits, and that the defendant has agreed smoothly with the victim, and that it is against the victim.