A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On March 2017, the defendant in Daegu, "A factory is built in Yongcheoncheon," and there is a lack of 100 million won from the purchase price of the factory site.

The term "to supply scrap metal during the operation of a factory by converting 50 million won into the supply price of scrap metal after completion of a factory with a loan of 50 million won."

However, in fact, the defendant did not use the money from the injured party as the purchase price for the land and did not use the money for the repayment of the existing debt such as repayment of the bonds, so there was no intention or ability to complete the factory to deliver the scrap metal

The Defendant was transferred to the Daegu Bank Account (D) in the name of the Defendant from the injured party on the 30th day of the same month under the pretext of borrowing money from the injured party at the above end of the same month, and KRW 10 million on the 31st day of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes concerning the receipt of loans and account transactions;

1. The pertinent legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, the defendant and defense counsel's assertion on the punishment of imprisonment and defense counsel are asserted to the effect that although the defendant borrowed money as stated in the criminal facts, the defendant and defense counsel did not intend to acquire money.

However, in light of the following circumstances acknowledged by the aforementioned evidence, namely, that the defendant intended to purchase the factory site, etc. from E in order to establish and operate the factory, and the down payment was required to be KRW 100 million, and the defendant intended to procure 50 million as bonds and borrow KRW 50 million from the damaged party, but he borrowed only KRW 1.8 million, but the defendant did not borrow 50 million from the bonds company, and used it for personal purposes without paying 18 million won from the injured party to E, the criminal intent of defraudation is recognized.

This part of the defendant and defense counsel.