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

Punishment of the crime

On May 19, 2009, the Defendant made a false statement to the effect that “E” entertainment tavern operated by the Defendant located in Gangnam-gu Seoul as his/her business to the victim F, “If he/she lends his/her horse, he/she will take security only one month, use money, and return a vehicle.”

However, the defendant did not have the intent or ability to pay the amount even if he provided the victim's vehicle as security and borrowed the money.

On the same day, the Defendant, by deceiving the victim, was provided with the victim with HWz car equivalent to KRW 50 million at the market price in the name of wife G at the same place as the same day, offered it as security, and received KRW 27 million from the victim as a loan.

Summary of Evidence

1. Legal statement of witness F;

1. Some of the protocol concerning the examination of the suspect against the accused by the prosecution (including theF statement);

1. A copy of the statement of I;

1. Fact-finding certificates (J, performance angle (as of May 6, 2010), A certificate of personal seal impression, A certificate of personal seal impression, G, certificate of personal seal impression, G, certificate of automobile transfer, application for registration of transfer, application for registration of transfer of automobiles, power of attorney (in-house network), statement of performance (as of April 26, 201), and written confirmation (as of May 6, 2010);

1. The application of text messages (the content of investigation records between 110-15, 188-211) and statutes;

1. Determination as to the defendant's assertion under Article 347 (1) of the Criminal Act concerning the relevant criminal facts

1. The Defendant asserts that, while denying all of the facts charged in the instant case, the Defendant’s acceptance of a victim F’s benz car was not for the Defendant’s own purpose of borrowing money from F as security, but for the purpose of receiving money from F to obtain money from F, F’s offer of the above benz car as security for borrowing money from F.

2. However, in light of the following circumstances acknowledged by the court after compiling the above evidence duly examined and adopted, the facts charged in the instant case is examined.