A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 2010, the Defendant was the victim C (V, 46 years of age) who had met at his retirement club (V, 46 years of age) and the school from around that time.

On November 17, 2010, the Defendant made a false statement on the part of the Defendant, “The studio deposit, five million won, which was living in Gwangju, shall be deducted, and five million won shall be refunded to the Defendant.”

However, in fact, there was no property at the time, and the management of cargo cars used at retail stores even though they were operated, due to the circumstances such as the cost of KRW 0 million due to traffic accidents, etc., and even if they borrowed money from others, they did not have any intention or ability to repay.

As a result, the Defendant, by deceiving the above victim, received KRW 5 million under the name of borrowed money at around that time, and received a total of KRW 85,500,000 and KRW 32,000,000 in the market price, as shown in the annexed crime list, and received a delivery for one of the above victim’s automobiles.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by the prosecution against C;

1. Application of Acts and subordinate statutes to the account transaction details, the automobile registration ledger (the statutory statement of a witness C shall be deemed to have some different portions from the facts regarding the relationship with the defendant, the circumstances surrounding the delivery of the borrowed money, etc., or shall not be deemed to have denied the credibility of the overall statement);

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

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

1. The reason for sentencing under Article 62(1)(1) of the Criminal Act of the suspended sentence is small, and no agreement is reached with the victim, and the victim without permission used the money held in the name of child support after the divorce to inflict serious damage on the victim, but the contact is cut down after the divorce and the damage is recovered.