A defendant shall be punished by imprisonment for not less than three months.

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

Criminal facts

On October 2, 2013, the Defendant was sentenced to four months of imprisonment for a crime of fraud in the Changwon District Court’s territorial branch on October 2, 2013, and the judgment became final and conclusive on March 26, 2014.

The Defendant, around 13:00 on November 21, 201, lent KRW 10 million to the victim I at the “H” coffee shop located in Busan Y G building 102, the Defendant, at around 13:00 on November 21, 201, knew of the managing director of the Hyundai Construction, requested it to enable the victim to undertake the artificial test construction of the modern Heteteg apartment newly built in 885-18 on the 885-18 on the 201.

“The purpose of “ was to make a false statement.”

However, the defendant did not have any intention or ability to arrange the victim to receive the above construction work.

The Defendant received 5,400,000 won from the victim's place as a loan, and had the victim transfer 4,60,000 won to the Hyundai Capital Co., Ltd. under the name of the Defendant's wife as a joint and several surety obligation, and had the Defendant acquire property profits equivalent to the same amount.

Summary of Evidence

1. The defendant's partial statement and his defense counsel asserts that the defendant's legal statement and the defendant's defense counsel are not the sources of profit equivalent to 10 million won, but the borrowed money.

According to the following evidence, the defendant and his defense counsel's assertion on the name of money can be acknowledged as the fact that damage equivalent to KRW 10 million incurred by the defendant to the victim I was the nominal loan of the country. However, the core of the prosecution of this case is to receive KRW 5.4 million from the defendant's deceiving the victim that he would be ordered to execute artificial construction as stated in the criminal facts in the judgment of the defendant and to pay the victim a joint and several liability amounting to KRW 4.6 million on behalf of the defendant's wife. In other words, the following circumstances revealed by the following evidence: ① The victim is consistent with the investigation agency to this court and the criminal facts in the judgment of the defendant.