A defendant shall be punished by imprisonment for four 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 January 2017, the Defendant would like to purchase the truck C truck truck truck truck C at a non-child of the Gwangju Mine-gu in an amount equivalent to KRW 85 million to the victim's efficacy capital corporation in 2012.

The loan of KRW 85 million is different. The loan of KRW 85 million was claimed to the effect that the said cargo vehicle is set up with a security interest of KRW 59,500,000,000,000, and shall be repaid with the interest of KRW 1843,869,000 for every month for 60 months.

However, the Defendant paid 35 million won out of the above loans to D rather than the purchase price of the cargo vehicle. The amount of the loan principal against the victim was paid to the non-person with no knowledge of the Defendant. Since the Defendant thought that the cargo vehicle, which is the object of the above right to collateral security, was used to the non-person with no name, the Defendant did not have the intention or ability to pay the loan to the victim or to manage the cargo vehicle which is the object of the right to collateral security.

Nevertheless, on January 24, 2017, the Defendant: (a) by deceiving the victim; and (b) by deceiving the victim from the victim; (c) obtained the transfer of KRW 85 million to the name bank account (1005-02-239569) in this time to the Central Bank of Korea around January 24, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness D;

1. Each police statement made to D or E;

1. A criminal investigation report (report on the submission of a complainant company and remittance data);

1. Application of the original register of automobile registration, and Acts and subordinate statutes on loan application;

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. In light of the fact that the reason for sentencing of Article 62(1) of the Act on the Suspension of Execution is high, the principle of loan is not repaid, and the location of the vehicle is not confirmed, the responsibility for the crime is not easy, but the fact that the defendant was involved in the crime by D and F, the fact that the defendant was not acquired out of the amount of money acquired through the money by fraud, while it appears that the debtor was liable for the debt as the lender, and D and F can be viewed as accomplice.