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

On May 2012, the Defendant received a loan to purchase construction machinery under B’s name, along with a policeman B, and purchased construction machinery, and sold it immediately, and conspired to use it in installments.

On May 18, 2012, the Defendant entered into a loan agreement with the employee in charge of the victim second Capital Loan Co., Ltd. in the name of the company B in Busan with B, and agreed to pay the loan of KRW 11 million in installments over 36 months and not to dispose of the loan for the purpose of the loan without the company’s consent until the full repayment of the loan.

However, in fact, the defendant purchased cars, and then immediately disposed of them to make financing, and even if he received a loan from the victim, he did not have the intention or ability to repay the loan in accordance with the terms of the contract.

The Defendant, as above, by deceiving the victim, received KRW 11 million under the same day loans from the victim.

Accordingly, the defendant, in collusion with B, received property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning B;

1. Statement by the prosecution against C;

1. The application of Acts and subordinate statutes on details of transactions in each account, accusation and loan against security;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. One month to ten years from the date of imprisonment with prison labor for a prison labor in the range of applicable sentences; and

2. Application of the sentencing criteria [Determination of types] General Fraud (less than KRW 100,00) (Determination of the recommended area] basic area (the scope of recommendation area], six months to one year and six months.

3. The suspension of the execution of imprisonment with prison labor for a crime of fraud by using computers, etc. sentenced to the sentence was carried out by a court, leading the fraud during the grace period, and the damage was not yet recovered.