A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, KRW 90 million per May 1, 2012, and KRW 10 million per May 2, 2012.

Punishment of the crime

On September 2012, 2012, the Defendant: (a) from the D used cars shop located in Dongdaemun-gu Seoul, Dongdaemun-gu Seoul, the Defendant purchased and repaired a heavy car and exported it to the victim E to a foreign country.

A false statement was made to the effect that a vehicle purchase fund is lent, the interest of 5% per month shall be paid, and the profit shall be paid.

The facts are as follows: (a) whether the business of the defendant was a profit-making profit; and (b) the business should be operated only with the funds of the victim without any particular fund; (c) even if the victim received money from the victim, there was no intent or ability to pay the agreed interest normally or to repay the principal; and (d) there was a need to return the money received from the injured party by referring to the term “the return”.

Accordingly, the Defendant received delivery of KRW 26.7 million from the victim by deceiving the victim, KRW 10 million on September 6, 2012, KRW 9.7 million on September 22, 2012, and KRW 26.7 million on November 2, 2012.

Summary of Evidence

1. Statement of the witness F and G in the second public trial record;

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

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to each statement of transactions in a passbook (No. 2, 5, 12) at a net time;

1. Determination as to the assertion by the Defendant and the defense counsel regarding the punishment under Article 347(1) of the Criminal Act, the Defendant’s choice of imprisonment, and the pertinent legal provisions regarding the crime

1. The summary of the assertion is that the Defendant, after borrowing business funds from the injured party, purchased and repaired, repaired, disposed of, etc., and actually performed the actual business. However, the Defendant was not able to recover the proceeds from the disposal of the property, etc., resulting in failure to repay the borrowed money. Therefore, there is no intention to commit

2. In light of the following circumstances acknowledged by the evidence presented prior to the determination, the Defendant, even if borrowing the money from the injured party as a business fund, intends to pay the interest agreed upon by the injured party normally or redeem the principal.