A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On Oct. 1, 2013, the Defendant stated that “When sending money to the victim E, the Defendant would purchase a used vehicle with the money and return 10% of the money sent at that time to the money to the victim E, who is sead with with the location of the D Motor Office located in Seo-gu Daejeon, Seo-gu, Daejeon.”

However, even if the Defendant received money from the injured party as above, the Defendant was thought to use it as funds necessary for the secured loan of the vehicle, and there was no intention or ability to purchase used cars as promised to the injured party.

As such, the Defendant, by deceiving the victim as such, received from the victim, the sum of KRW 13 million on October 2, 2013, KRW 100,000 on June 1, 2013, KRW 100,000 on October 10 of the same year, KRW 10,000 on October 26 of the same year, KRW 26,15,000 on October 16 of the same year, KRW 7 million on November 7 of the same year, KRW 5 million on November 5, 11 of the same year, and KRW 57,00,000 on November 22 of the same year, from the Defendant’s agricultural bank account in the name of the Defendant on seven occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal testimony of witness E;

1. Statement of the first written protocol concerning the examination of the suspect against the defendant;

1. Application of the legislation in which payment notes, etc. are written;

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

1. former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in fraud on October 26, 2013, the largest penalty for concurrent crimes)

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Demanding determination as to the assertion of Defendant and defense counsel under Article 62-2 of the Social Service Order Criminal Act: The Defendant and defense counsel did not accept money necessary for a used vehicle loan and did not purchase a used vehicle.

The judgment: If the victim lends funds necessary for the defendant's used cars loan business, the interest rate agreement on principal payment will be more important than whether the victim is specified as an individual used cars.

(b).