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 this judgment becomes final and conclusive.

Punishment of the crime

1. On January 17, 2012, the Defendant: (a) made a telephone call to the staff in charge of victim non-Sscar Capital (owner) at an inseption place located in the Suwon-si, Chungcheongnam-si, Chungcheongnam-do; and (b) agreed to repay the loan amounting to KRW 16 million, the loan period of KRW 48 months, the principal and interest of the loan amount of KRW 559,100 in equal installments on the first day of each month by applying for a loan to the effect that “the Defendant owns a dump truck under his/her name and imports the amount of KRW 12 million per month; and (c) the loan amount to the extent that the credit loan limit exceeds the credit loan limit is in good faith

However, in fact, the defendant did not have the intention or ability to repay the money even if he borrowed the money from the victim because the defendant did not pay the installment for the dump truck purchased by the installment in the situation where he had a debt equivalent to KRW 130 million to the former wife C.

Around January 18, 2012, the Defendant received KRW 16 million from the victim as the agricultural bank passbook in the name of the Defendant (CFD) and acquired it by fraud.

2. Around February 6, 2012, the Defendant agreed to pay the principal and interest of the loan KRW 3 million, 24 months during the lending period, and the principal and interest in the form of equal repayment in the amount of KRW 181,785 on the 26th day of each month by making a call to the staff in charge of the victim's wedding Savings Bank by making a person in charge of the victim's wedding Savings Bank to the effect that “the principal and interest of the loan will be repaid faithfully.”

However, the defendant did not have the intention or ability to repay the loan to the victim on the grounds as stated in paragraph (1).

The defendant received 3 million won from the victim to the passbook (E) in the name of the defendant, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Each complaint;

1. An agreement on general credit loan;

1. Application of Acts and subordinate statutes, such as deposits without passbook;

1. Article 347 (1) of the Criminal Act (Fraud) and the choice of imprisonment with prison labor for the relevant criminal facts;

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes;