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

The defendant is a person who actually operates a limited liability company E by lending the name of D in the following City C.

On May 29, 2015, the Defendant purchased two H and I dump truck under the name of limited liability company E, on the ground of the above D at the G Center office located in Naju City, and applied for a loan of KRW 8,786,580 ( KRW 4,393,290 per vehicle) in total, on the condition that the Defendant would pay the 8,786,580 won per vehicle to the victim B Co., Ltd. with the purchase price of the above vehicle for 48 months.

However, in fact, a limited liability company E is a company established by the defendant on the ground that he/she was in the process of a lawsuit as a debt-related relationship, and the balance of the account in the above E’s former bank account (J) around May 29, 2015 was limited to KRW 6,613. From November 5, 2014 to September 2, 2015, most of the proceeds, etc. deposited in the above account were immediately withdrawn, and there was almost no balance. The defendant purchased the above vehicle at the time and the down payment was insufficient, and the “D” in the K indictment is a clerical error.

In addition to paying down payment by borrowing KRW 5 million from L, and purchasing dump truck two dump trucks from L on January 7, 2015, the same year;

1. Around 30.30.0 million won as a total of KRW 60,000,000,000 as a monthly installment and there is no intention or ability to repay the installment even if a vehicle is purchased with a loan from the victim company, because there is an economic difficulty, such as payment of KRW 2,00,000 as a monthly installment.

Nevertheless, the Defendant, as if he would normally pay the above installment amount, by deceiving the victim and taking loans from the victim amounting to KRW 400 million on the same day, acquired the same amount of financial benefits.

Summary of Evidence

1. Each statement made by witnesses M and N in the second trial records;

1. Inquiry and reply to B made to B by this court;

1. Each prosecutor's protocol of suspect examination of the accused (includingM's statement portion);

1. The defendant;