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

On January 16, 2020, the Defendant was sentenced to a suspended sentence of two years for fraud in the Incheon District Court Branch of the Incheon District Court on the 24th of the same month.

Criminal facts

On September 23, 2018, the Defendant stated to B, at a place where it is not known to the public around September 23, 2018, that “The Defendant: (a) there is 2 clock vehicles to be contracted between them; (b) there is a need for money to do so to the customers to do so; (c) if the Defendant borrowed money from glock, the Defendant would use it only for locking, pay interest at 25% per annum, and receive sales allowances, and (d) on the same day, the Defendant stated to the effect that “B shall lend money to the victim due to lack of money in connection with the purchase of vehicles.”

However, in fact, even if the Defendant borrowed money from the victim, it was thought that he would use it as gambling funds, and did not think that he would have been used to buy a motor vehicle sales contract. At the time, the Defendant had worked as a motor vehicle business operator, but the monthly payment was within KRW 2 million, while there was no particular property and there was no intention or ability to repay even if he borrowed money from the victim because he did not have any obligation equivalent to approximately KRW 60 million.

Nevertheless, on September 23, 2018, the Defendant received the amount of KRW 10 million,00,000,000, which was transferred from the victim to the D bank account under the name of B (E) on the same day, from B to the D bank account under the name of the Defendant, and received from October 8, 2018, totaling KRW 28,50,000, as shown in the attached crime list from October 8, 2018.

The facts charged in the instant case are written in B, not C, but the Defendant consistently borrowed money from C, not B, from the investigative agency to this court.

However, it is recognized by the evidence adopted by this court.