A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

around October 12, 201, the Defendant lent KRW 29,800,000 out of the 30,200,000,000 of the 30,000,000 of the vehicle price of Ireland to the staff E in charge of Hyundai Capital Co., Ltd. in Ulsan-gu, Ulsan-gu, Seoul-gu, to repay KRW 933,137 on the 15th day of each month for 36 months from November 15, 201 to October 15, 2014.The Defendant prepared and submitted an application for a loan, and received KRW 29,80,000,00 from the victim as a loan on the same day.

However, the Defendant did not have any certain income due to the suspension of the business of the restaurant operated at the time, and there was no corporate bond 15,000,000 won, and there was no intention or ability to repay the purchase fund normally even if the Defendant borrowed the purchase fund from the victim.

Accordingly, the Defendant, as seen above, received property from the victim by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol against the accused;

1. Application of Acts and subordinate statutes to the complaint (including attached documents);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Aggravation of a suspended sentence as provided for in Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Scope of sentencing guidelines for sentencing [decision of types] General Fraud Type 1 (less than KRW 100 million): Where significant damage is recovered (the scope of sentencing guidelines]: Imprisonment with prison labor for not more than one year (the area of mitigation);

2. Determination of sentence, although it did not reach an agreement with the victim, substantial damage has been recovered through the deposit of the defendant, the defendant has no criminal power to punish the defendant, and other circumstances revealed in pleadings, such as the defendant's age, character and conduct, and environment, shall be determined as ordered by the order.