A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

At around 200, the Defendant, while using the cargo vehicle from the victim C with the leased vehicle, did not pay the amount equivalent to KRW 20 million to the victim and did not pay it to the victim. On February 2009, the Defendant was willing to obtain the money by deceiving the victim with the money to repay the interest and the above rent every month if he borrowed the money by communicating the victim again on and around February 2009.

Around May 2009, the Defendant stated that “The collection of earth and rocks ordered by the Chungcheongnam-gun, Chungcheongnam-gu, Chungcheongnam-gu, Incheon, by collecting earth and rocks” from the victim at the coffee shop in Gyeyang-gu, Incheon. The Defendant loaned KRW 100,000,000,000 to KRW 20,000,000,000,000.”

However, at the time of fact, the Defendant did not have any particular property and income and did not properly obtain profits with respect to the collection of earth and stone ordered by the Chungcheongnam-gun, Chungcheongnam-gun, and did not have any intent or ability to pay monthly interest and principal, and even if he borrowed money from the victim, the Defendant intended to use the money borrowed from the victim as the personal debt repayment for the Defendant, rather than the expenses for the collection of earth and stone.

Nevertheless, the Defendant, as seen above, received KRW 100,000,000 from the victim on May 25, 2009 as the borrowed money and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (including the C’s statement);

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a copy of a loan certificate and a notarial deed;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending sentence] general fraud (at least KRW 100 million, less than KRW 500 million), the area of mitigation (from October to February 6) (special mitigation), the area of mitigation (at least KRW 100,000, KRW 500), or the case where considerable damage and damage has been recovered (the decision of sentencing)