A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

In fact, the Defendant had no special property or revenue, and the officetel sales business promoted at the time was not successful. Thus, even if the Defendant purchased the vehicle in the name of the victim C with a double or high-speed vehicle and received money from the victim by borrowing the proceeds from the sale of the vehicle immediately after the purchase of the vehicle in the name of the victim C, the Defendant did not have the intent or ability to pay the above vehicle in a normal manner, even if it received money from the victim by borrowing the proceeds from the sale.

Nevertheless, around March 21, 2011, the Defendant: (a) purchased a new car in the name of the Defendant and then sold it to the victim immediately after purchasing a new car in the name of the Defendant on the condition of 377740,000 won for 36 months; (b) purchased a new car in the name of the Defendant on the condition of 36 months; and (c) received money from the victim on March 22, 2011, one million won with the account in the name of the Defendant, one million won with the account in the name of the F, and three million won with the account in the name of G on March 28, 2011, respectively.

In addition, around April 21, 2011, the Defendant made a false statement to the victim that “a loan is extended to money. If the Defendant borrowed money under the name of E, then he/she would pay the money in lieu of the loan.” From among the above money, the Defendant borrowed three million won from the loan in mountain (ju) and received two million won from the victim to the account in the name of the Defendant on April 22, 2011.

As above, the Defendant received a total of KRW 16 million from the victim as the borrowed money, and acquired it by fraud.

Summary of Evidence

1. Each prosecutor's protocol of partial examination of the accused (including the statement part ofC);

1. Statement by the prosecution against C;

1. C’s statement in the suspect interrogation protocol of May 3, 2012 against the Defendant on May 3, 2012

1. An investigation report (one specification of transactions in a bank);