On June 2018, the Defendant: (a) received a proposal from E to request cash lending through the introduction of D, which was known as the last day of the end of Busan, to offer a loan for purchasing vehicles; and (b) accepted the proposal by the Defendant to provide cash lending using a picture.

At the end of June 2018, the Defendant stated that “The Defendant would purchase the car (vehicle number G), which is the ownership of the Daegu Automobile Trading Company, for KRW 40 million by H (E) to the entrusting person of the lending recruitment business of the victim FF corporation, which was in the transaction with the Defendant of Pyeongtaek at the office at the end of the foregoing C office.” The Defendant stated to the effect that “The car will be purchased on the face of the week of lending KRW 40 million.”

After that, on July 3, 2018, E drafted a motor vehicle loan agreement with a person entrusted with the above loan recruitment business and a loan amounting to KRW 40 million.

However, even if the defendant and E have received a loan from the victim company, they did not have the intention or ability to use the loan as a vehicle purchase fund because they thought to be used for other purposes, such as using it for the personal repayment of the defendant and E.

The Defendant and E, as seen above, had the victim company enticed, and it was transferred from the victim company KRW 40 million in the name of the funds to the account in the name of E around July 4, 2018.

Accordingly, the defendant received property from the victim company in collusion with E.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the prosecutorial statement concerning I;

1. Application of F Financial Products Application, used car loan contracts, details of transactions of deposit and withdrawal, and application of Acts and subordinate statutes concerning details of transactions of deposit and withdrawal accounts;

1. Relevant provisions of the Criminal Act and Articles 347(1) and 30 of the Criminal Act regarding criminal facts, the reason for sentencing choice of imprisonment, etc., have the record of having been sentenced to a suspended sentence of imprisonment for 2016 due to criminal fraud (an amount of approximately 40 million won), etc., and such previous criminal fraud (an amount of KRW 15 million) shall be punished by a fine.