A defendant shall be punished by imprisonment for six months.

However, 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

[criminal power] On August 8, 2017, the Defendant was sentenced to imprisonment with prison labor for one year and ten months for fraud, etc. in the branch court of Suwon District Court on August 8, 2017, and the judgment became final and conclusive on November 20, 2017.

【Criminal Facts】

On June 2016, the Defendant: (a) purchased a digging machine with a discount loan from a person with no name but to purchase it; and (b) obtained a proposal to offer 20 million won in return for disposing of it in a large lane; and (c) agreed to commit so-called “motor vehicle tin” crimes.

On June 2016, the defendant extended a loan to the victim through the employees of the victim B Co., Ltd. for a period of 48 months under the condition that the defendant shall pay the victim KRW 99 million each month through the employees of the victim B Co., Ltd., and purchased C D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D

“The purpose of “ was to make a false statement.”

However, in fact, the defendant did not have the intention or ability to pay a normal loan to the victim, and the above so far as he thought that he would dispose of the lane as agreed with the person who was unaware of his name, so there was no intention or ability to cooperate with the victim so that the victim may exercise mortgage.

Ultimately, the Defendant, by deceiving the victim as above, received money of KRW 99 million from the victim as a loan on June 20, 2016 through the E-bank account (F) in the name of the Defendant, a stock company designated by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Investigation reports (verification of counter-party to H and I);

1. Report on investigation (Confirmation of details of payment of loans);

1. A contract for acquisition of bonds;

1. A request for secondhand goods;

1. Application of construction machinery registration certificates (C) Acts and subordinate statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order.