A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On June 4, 2015, the Defendant stated that “The Defendant would pay the principal and interest without any mold over 60 months, plus 11.9% interest on the loan of KRW 115 million to the employees of the victim’s affiliated store in the Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sung-gu, Seoul, Seoul, by adding the interest on the loan of KRW 11.5 million to the interest on the loan of KRW 14 million, which is owned by the limited company E, as security.”

However, the Defendant, at the time, did not have a good financial situation to the extent that the obligation to be repaid to other creditors is 200 million won or more. The Defendant thought that all of the funds borrowed from the victim would be used to repay the card payment and to repay the debt to other creditors. The instant truck, which the Defendant offered as security, was already sold to G around March 2015, and there was no collateral value. Therefore, even if the Defendant borrowed money from the victim, there was no intent or ability to repay the money.

On June 4, 2015, the Defendant received KRW 115 million from the victim on June 4, 2015.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police suspect interrogation protocol of H;

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes of the complaint, HKo debate application agreement, register of automobiles, deposit inquiry, specification of transactions, inquiry into details of transactions, redemption inquiry, scheduled notice of expected loss of time limit, certificate of automobile transfer, certificate of termination of loan; and

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (Article 62(1)(Article 62(1)(Article 2016No2569) of the Criminal Act (Article 62(1));