A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On May 25, 2015, the Defendant is the representative of Kimpo-si C in Kimpo-si, who manufactures gold-type, and around May 25, 2015, the Defendant lent 20 million won to the above D factory, and to the victim E “the Plaintiff has failed to pay the mechanical lease price.” The Defendant would be paying KRW 25 million until August 26, 2015, by offering as security the CS10 and CS20 press machinery in the factory.

The Court stated that the money shall be transferred to the owner of the machinery when he/she has repaid the money.

However, the facts indicate that the CS200 press machine that the Defendant offered as security by transfer to the victim was leased by the Defendant’s partner F from the filial capital capital to the Defendant’s partner, the CS110 press machine is the object leased by the Defendant from the CS110 press machine. The Defendant did not have the right to provide security for the said press machine, as well as the right to transfer, and the amount of sales during the previous quarter was reduced by half, etc., so it is difficult for the Defendant to operate the Defendant’s factory. Thus, the Defendant did not have any intent or ability to pay money within the agreed period even if he borrowed money from the injured party.

On May 26, 2015, the Defendant, by deceiving the victim as above, provided the victim with the CSS10 and CSS200 at the H office of Law Firm H located in Bupyeong-gu, Seocheon-gu, Busan as collateral at the office of Law Firm H, Seocheon-gu, Seoul as well, and then, he acquired the money from the victim to the company bank account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Some of the statements made by the prosecutor in the Defendant Examination Protocol against the accused (including the E and I Statement);

1. Statement by public prosecutor regarding E;

1. A report on seizure of tangible movables, a decision on suspension of compulsory execution, a process deed, a disposal protocol by a tangible company, and a statement of account transactions;

1. Application of Chapter IV of the photograph, Chapter Three of the photograph;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] of the General Fraud No. 1 (less than KRW 100 million) has no basic area (from June to one year and six months) [the person who is subject to special sentencing] [the sentence].