Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

C suggested that a passenger car borrowed from the Defendant would be repaid by taking out a loan as security as a result of the failure to repay the 16 million won borrowed from the Defendant, and the Defendant and C offered to the original owner the loan by taking out the loan as security, and then, the Defendant and C offered to return the vehicle to the original owner by finding the loan as soon as the loan was immediately repaid.

On June 15, 2011, the Defendant made a false statement to the effect that “C has a vehicle on behalf of it, and the vehicle is borrowed as collateral,” and that “C has a vehicle on behalf of it, and if it is confirmed that the vehicle is owned by it, it would be repaid only on a day if it is lent as collateral.”

However, in fact, since the car was borrowed by C at the time and was not operated by C, the Defendant and C did not have any intent or ability to immediately return the principal on the following day, even if they borrowed money as collateral, as if they were fully prepared to repay the money.

A defendant and C have been transferred from the victim to the national bank account (E) in the name of the defendant around 20:00 on June 15, 2011.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;