A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

1. On May 2015, the Defendant made a false statement to the victim C, stating, “The Defendant would allow the victim C to perform transportation work by acquiring a vehicle transferred to D, which is his/her business partner, on the face of a week.”

However, in fact, the defendant did not have a vehicle that was closed, and the defendant had to pay the principal and interest of 250 million won or more at the time, and even if he received money from the victim, he did not intend to use it as a business fund and did not have the intention or ability to transfer the vehicle to the victim.

The Defendant received KRW 30 million, in total, from the victim to the E bank account (F) in the name of the Defendant, in the name of the victim for the acquisition price of the vehicle in which he/she left.

2. On June 2015, the Defendant made a false statement to the victim C by phone call, stating that “If the Defendant lends money to the victim as a material cost, he/she will pay it immediately on the following day.”

However, in fact, the Defendant had a debt of 200 million won or more at the time, and the Defendant had to pay the principal and interest of 2.5 million won or more each month, and even if he/she borrowed money from the victim, he/she did not have an intention or ability to pay the principal and interest.

On June 10, 2015, the Defendant received KRW 2 million from the victim to the E-bank account (F) in the name of the Defendant on the pretext of borrowing money.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the suspect examination of the accused (including a cross-examination);

1. Investigation report (to hear statements by telephone of a victim C);

1. The loan certificate;

1. Application of Acts and subordinate statutes to the certificates of deposits without passbook payments and certificates of deposit transactions;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The sentencing of Article 62(1) of the Criminal Act is suspended.