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 December 2, 2012, the Defendant made a false statement to the effect that, in return, the Defendant would pay KRW 800,000 per month for 48 months and complete payment of the said loan, if he/she would be able to obtain a loan from the victim B in the name of the victim at the Seocho-si (Spool).

However, the fact is that the defendant has a debt amounting to KRW 10,00,000, and there is no special property, and even if he has received a loan under the name of the victim because the income is not specified, he did not have an intention or ability to repay it.

Around December 24, 2012, the Defendant had the victim borrow KRW 50,000,000 in the name of the victim by taking the said vehicle as collateral at the Asian Savings Bank located in the Asia-gu, North Korea, and received KRW 85,000,000 in total from the victim by having the victim obtain a credit loan of KRW 35,00,000 in the name of the victim, and then deducting the amount of existing vehicle security loan from the remaining amount, from the IBK Bank (E) account in the name of D, around December 24, 2012.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and D;

1. Application of Acts and subordinate statutes on account statements;

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

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do110, Jan. 1, 2