A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On April 2, 2010, the defendant was sentenced to a suspended sentence of two years and six months in Seoul High Court on April 2, 201, and the decision became final and conclusive on the 10th of the same month, and is currently in the grace period.

The defendant did not have any intention or ability to repay the money, or to change the nominal owner of the loan, even if he borrowed the money borrowed by the victim C under the name of the funds to purchase the dumf, because there is no particular income or property.

Nevertheless, at around January 9, 2012, the Defendant made a false statement to the victim, “E” in an adjacent restaurant located in Bupyeong-gu Incheon Metropolitan City D, stating that “The Defendant would have the funds to purchase sofags, take out a loan of KRW 69 million in the name of the mother and child, and pay the amount to the sofags in the name of the Party, thereby faithfully repaying the loan, and then make the said loan in the name of the Party six months thereafter.”

The Defendant was given a loan of KRW 69 million to the victim from the Ilish Capital, and was given the loan.

In this respect, the defendant deceivings the victim and obtained 69 million won by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and F;

1. Each prosecutor's office and police suspect examination protocol against the accused (includingC statements);

1. Each police statement made to C, G, and H;

1. A complaint;

1. Each confirmation note, written confirmation of financial transactions, written application for installment form, register, copy of a sales contract, details of principal and interest received, and each investigation report;

1. Previous convictions: Criminal records, investigation reports, and copies of the judgment: ① the Defendant purchased dump truck before purchasing the above dump truck and did not have sufficient financial conditions; ② it appears that there was no profit-making business using the above dump truck from the time six months have elapsed since the purchase of the above dump truck; ③ the above dump machine has not been found until now; ④ the Defendant leased the above dump truck from the investigative agency to this court.