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

1. On November 201, 201, the Defendant made a false statement to the victim C’s house located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, that “If the Defendant borrowed money that requires money to operate a motor vehicle parts business, he/she shall pay interest on every month, and the principal shall be repaid within six months.”

However, at the time of fact, the Defendant, including the Small and Medium Business Corporation and D et al., committed his personal debt amounting to approximately KRW 160 million, and the Defendant’s actual representative director was operating as the enemy, and there was little profit in the Defendant’s management. Since the Defendant did not own property and was planning to repay the said debt with the money borrowed from the victim, the Defendant did not have any intent or ability to pay the money normally even if he borrowed the money from the victim.

Nevertheless, the Defendant made a false statement as above and received 40 million won from the victim to the F account in the name of the Defendant on November 16, 201 as the borrowed money.

2. On November 201, 201, at the same place as above 1.3, the Defendant falsely stated that “When the Defendant borrowed money, it is necessary to operate the business, he/she shall pay interest every month, and shall repay the principal with the money borrowed.”

However, the defendant did not have any intent or ability to pay the money normally even if he borrowed the money from the victim as described in the above 1.1.

Nevertheless, the Defendant, as seen above, was given a cash of KRW 30 million from the victim’s seat in return for a loan.

Accordingly, the defendant was given each property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Details of receipt of complaint, receipt of loan, and account transactions;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.