A defendant shall be punished by imprisonment for not more than ten months.

except that 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 October 6, 2014, the Defendant made a false statement to the victim E, “On the other hand, there is a difficulty in paying the monthly salary of the staff and the installment of the machinery, but the existing transaction partner can pay the borrowed money by paying the monthly salary of the staff and the installment of the machinery, and then paying the borrowed money by doing work for the normalization of the factory, to provide SamsungMT machinery as security, and to provide the above MPT machinery as well as to pay the installments.”

However, in fact, the Defendant was at least KRW 20 million in the amount of the obligation to be attempted by the customer and KRW 20 million in the financial rights and KRW 20 million in the amount of the factory rent at the time, and Samsung M&T machinery was at least KRW 25 million in value, and it cannot be offered as security because the above MCR machinery was leased from F, and it was at least 45 times in total 60 times in the amount of the lease fee, and there was a delay in the payment of the lease fee from July 2014, and therefore there was no intention or ability to repay it even if the Defendant borrowed money from the victim.

As such, the Defendant, by deceiving the victim, received KRW 39.7 million from the victim to the account in the name of G in the same day from the victim, and received KRW 4 million around July of the same month, KRW 6 million around the 14th day of the same month, and KRW 50 million around the 24th day of the same month, and received KRW 9.7 million in total from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and H;

1. Investigation reports (Arrangement of disposal of mortgaged machinery), investigation reports (Attachment of lease agreements and details of collection of deposits for damage, and investigation reports (Attachment to a credit information inquiry report by a suspect);

1. 매매계약서, 여신상환스케쥴, 리스계약확정명세표, 중도상환 완납증명서, 리스계약명세표 및 완납증명서, 피해금 입금받은 I은행 계좌 거래내역,...