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

Punishment of the crime

On May 18, 2012, the Defendant was punished by imprisonment with prison labor for special larceny, etc. at the Daegu District Court on March 18, 2012; imprisonment with prison labor at the Daegu District Court on October 10, 2013; imprisonment with prison labor at the Daegu District Court on December 12, 2014; imprisonment with prison labor at the Daegu District Court on December 14, 2017; and the execution of the final punishment was completed on May 14, 2017; on June 20, 2019, the Defendant was sentenced to two years and three months of imprisonment with prison labor at the Daegu District Court Kimcheon Branch Branch on September 23, 2019; and the judgment became final and conclusive on September 23, 2019.

【Criminal Facts】

The defendant is a person with bad credit standing and a person who engages in construction machinery sales business under the trade name of L, and L was lent the name of the defendant and employed as an employee as above.

Around February 2018, the Defendant and L, while running the foregoing business, offered to borrow money in the name of L in order to repay the bonds in which the debt, such as bonds, increases, and L, in the AH coffee shop located in Daegu-gu, Daegu-gu, on February 22, 2018, lent KRW 10 million to the victim AB until March 21, 2018.” The Defendant and L prepared a loan certificate in the name of L and issued it to the victim.

However, in fact, the money borrowed from the victim was the intention of the defendant to use, and the defendant and L did not have any particular income or assets and did not have any ability to repay the borrowed money due to excess of the debt.

The Defendant, in collusion with L, by deceiving the victim as above, received a total of KRW 5 million from the victim, and KRW 3,700,000,000 from March 2, 2018, including KRW 4,700,000,000,000 in advance and under the name of the victim, as the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of L;

1. Some statements made in the suspect examination protocol of L by the prosecution (including the defendant and the part concerning the statement made by the public prosecutor in question);

1. Each police statement made to AB and AI;

1. Investigation report (the letter of request for return of a vehicle to a suspect and sent), investigation report (the confirmation of the establishment of a mortgage), and investigation report;