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

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

On June 2013, the defendant needs to pay KRW 50 million to the victim in the F Co., Ltd.'s office located in Daegu Northern-gu, Daegu (53 years of age) operation of the victim E (53 years of age).

The loan of KRW 50 million has been used only through lock, and the company has paid money to the company without molding until June 30, 2013.

The East-gu Seoul has operated H Seoul branch office in Gangnam-gu, Seoul, which is an investment company, and the Dong has decided to invest KRW 3 billion in the new company in KRW 5 billion to KRW 5 billion.

The phrase “the meaning was false.”

However, there was no fact that H Seoul Branch decided to invest KRW 3 billion or KRW 5 billion in the company run by the victim. At the time, the Defendant did not have any intent or ability to repay the debt in time even if the Defendant borrowed money from the victim in a situation where the debt reaches KRW 152 million.

Nevertheless, the Defendant, by deceiving the victim as above, received 50 million won from the victim to the corporate bank account in the name of the F Bank in the name of the Bank of Korea around the 21st of the same month and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and I;

1. Application of statutes on account transfer;

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

1. The defendant and the defense counsel's assertion on the assertion of the defendant and the defense counsel under Article 62 (1) of the suspended execution Criminal Act stated that the defendant would make an investment in the company operated by the victim in H Seoul branch office, and borrowed KRW 50 million from the victim. However, at the time, the defendant owned the house under the name of the victim, and the defendant had a claim equivalent to KRW 100 million against the LAC, and not only had a claim equivalent to KRW 100,000,000 annually from the LAC, in which the defendant was a vice president, and therefore there was no criminal intent to commit fraud.

However, according to the above evidence, the following circumstances are revealed.