A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

The Defendant did not own a truck and did not own any other property, and instead did not have any personal debt worth five million won, so even if he borrowed money from the victim C, the Defendant did not have any intention or ability to pay the money.

1. On December 31, 2006, the Defendant stated that “If five million won are leased, five million won truck will be sold immediately until January 16, 2007, it would be repaid without mold to the victim” on the street in front of the Go-ro branch of the Jeonbuk Bank in Masan-si.

The Defendant received five million won as a loan from the victim, i.e., the victim, and acquired it by fraud.

2. Around January 10, 2007, the Defendant made a false statement to the victim, “If he/she has repaid five million won or less to the victim, he/she would be paid off the money so that the truck would be sold to him/her, and if he/she has borrowed ten million won or more, he/she would be paid off the money.”

The defendant received 10 million won as a loan from the victim, that is, in the face of the victim, from the victim.

Summary of Evidence

1. Statement made by C of a witness in the fourth trial record;

1. Statement made by a witness F in the sixth trial records;

1. Second written examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes of each instrument of borrowing;

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

1. The defendant, on the grounds of conviction and sentencing under Article 62 (1) of the Criminal Act of the suspended execution, borrowed five million won from the victim, and the defendant did not borrow 10 million won. The defendant did not commit the crime of defraudation, such as the charge of this case, and the victim C believed the defendant's horse that he/she is able to repay the borrowed money by selling the truck owned by the defendant, and he/she actually borrowed 15 million won as stated in the loan certificate of December 31, 2006 and 15 million won as stated in the loan certificate of January 10, 207, and was not repaid at all, and the defendant was not repaid the borrowed money.