A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. The defendant or D's criminal defendant was aware of the fraud

D In collusion with D on December 15, 2014, at the G office for the operation of the victim F of the building in the Seongbuk-gu Daejeon Jung-gu Incheon Metropolitan City, stating that “D intends to operate a business that can make profits by purchasing vehicles and selling them to customers, and if it borrowed 50 million won for the purchase of vehicles, it would make repayment by adding 5 million won to interest by the end of December 2014, 201,” and the Defendant stated that “it is true, responsible for and complete payment if D is not responsible” to the victim’s question whether the horses are true or not.

However, at that time, D had engaged in a vehicle sales business in a state of urgency, and the Defendant was aware of the fact that he/she used half of the borrowed money with the knowledge of the fact that he/she did not have any intent or ability to make a full payment in addition to the profits even if he/she received the borrowed money from the injured party.

In collusion with D as such, the Defendant, by deceiving the victim, received KRW 50 million from the victim to the account under the name of the Defendant for the same day on the same day.

2. On March 26, 2015, the Defendant made a false statement to the Defendant that “Around March 26, 2015, the Defendant borrowed KRW 50 million from the victim’s G office in the Seongbuk-gu World Building FF to the victim for a period of one month if he/she borrowed 50 million in urgent need of money.”

However, the defendant tried to lend money from the injured party while he is urged to repay the debt jointly and severally guaranteed by D, so even if he receives the loan from the injured party, he did not have the intention or ability to repay it in a short period.

The Defendant, by deceiving the victim as such, received KRW 50 million from the victim to the account of an enterprise bank account (H) in the name of the same day on the same day.