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

On May 15, 2019, the Defendant entered into a loan agreement with the victim company by stating that “When the Defendant loans KRW 38 million to the employees in charge of loans, the Defendant would offer the said vehicle as collateral and redeem the said vehicle with KRW 725,844 per 60,000,000 to the employees in charge of loaning KRW 38,00,000,000,000 in the name of the company in charge of the settlement of the victim E-car purchase”.

However, in fact, after purchasing the above vehicle, the Defendant did not think that he would provide the above vehicle to F as collateral and borrowed money, but did not think that he would operate the vehicle. There was a total of KRW 35 million, including financial institution loan obligations of KRW 30 million and personal obligations of KRW 5 million, while there was no special property. Therefore, even if the Defendant received a loan from the victim company, he did not have the intent or ability to pay the principal and interest of the loan properly.

The Defendant, by deceiving the victim as above, received 38 million won under the same day loans from the victim.

Summary of Evidence

1. Application of the law of the defendant's written G statements to G;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: One month to ten years of imprisonment;

2. Reduction elements of less than KRW 100,00 [type 1] reduction elements of fraud (special multiple-party] below KRW 100,000 in accordance with the sentencing guidelines: In a case where a person commits deceptive act intentionally, or the degree of deceptive act is weak, in a case where a person commits deceptive act intentionally, the amount of punishment not to be imposed or a significant damage has been recovered [the area of recommendation and the scope of recommendation] special mitigation area, one month to one year;

3. Determination of sentence: Four months of imprisonment and one year of suspended sentence (including circumstances leading to the commission of a crime, agreement, etc.);