A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 12, 2012, the defendant was sentenced to a suspended sentence of two years on October 20, 2012 in the Ulsan District Court for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).

On May 21, 201, the Defendant called, “No money has been paid to H” by phoneing to the victim G, the actual representative of F Co., Ltd. F, a business partner, at the office of E Co., Ltd., Ltd., the E Co., Ltd., a business partner, in Ulsan-gu, Seoul-gu Office of Defendant’s Management of the Defendant, and said, “No money is paid to H. If it is possible to lend money, the security is changed.” On June 30, 2011, the date of payment

However, at the time of fact, the above E company’s liabilities exceed 10 billion won, and the existing credit obligations were not fully repaid, and the Defendant was in the state of financial aggravation to prevent the return of promissory notes issued in the name of E company. Therefore, even if the collateral was provided by the victim, there was no intention or ability to pay the money.

Around May 31, 2011, the Defendant provided real estate in the name of the victim from the victim as collateral and received a loan from the Busan Bank Co., Ltd. 300 million won with the maximum amount of the claim, E Co., Ltd. to the said real estate.

Accordingly, the defendant, by deceiving the victim, obtained property benefits equivalent to the same amount of money.

Summary of Evidence

1. Defendant's legal statement;

1. Some of the suspect interrogation records of the defendant by the prosecution (including the G substitute part);

1. The police statement concerning G;

1. G statements;

1. Each investigation report (limited to attachment, such as K telephone conversations for reference witnesses, telephone conversations on rehabilitation claims, and written determination on rehabilitation claims, etc.);

1. A copy of each business registration certificate, a copy of each agreement related to the provision of real estate security, a copy of each copy of the register, a certificate of storage of goods, a certificate of delivery and delivery, and a certificate of contents; and