A defendant shall be punished by imprisonment for not less than one year and six months.

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

A. The Defendant was the representative director of the (ju)C established for the purpose of manufacturing industrial machinery.

피고인은 2016. 10. 10. 경 시흥시 D에 있는 피해자 ( 주) 신한 은행 E 센터에서 대출 담당 직원인 F에게 “( 주 )C 이 ( 주 )G로부터 한국 공작기계( 모델 명: KH Ⅲ φ 1500 * 8000)를 구입하고자 하니 2억 5천만원을 대출해 주면 대출금을 위 기계 구입대금으로 사용하고, 위 기계를 양도 담보로 제공하겠다.

“A false contract for the sale of used machinery, transfer security contract, etc. was submitted while making a false statement.”

However, in fact, the above contract for the secondhand machinery sale was merely a false contract received from the above G with the intent of solely obtaining a loan, even though the defendant did not intend to purchase the above machinery, and the defendant, upon receiving the loan, was thought to make an investment in the above G with the money as an investment.

Nevertheless, the Defendant had the victim transfer 250 million won to the Bank account (Account Number: H) in the name of G on the same day.

Accordingly, the defendant deceivings the victim and caused (State)G to receive KRW 250,000,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and J;

1. Application of Acts and subordinate statutes to a transfer security contract, credit transaction agreement, contract for secondhand machinery transaction, power of attorney, copy of passbook, and written authentication;

1. Relevant Article 347 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Articles 347 (2) and (1) of the Criminal Act that choose a penalty;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of the recommended sentence] General Frauds No (1 to 4 years) in the basic area (1 to 50 million won) of Class 2 (10 million won or more, and less than 1 to 50 million won) [a person subject to special sentencing] [a person subject to sentencing] [a person subject to sentencing] [a person subject to a sentence] obtain a loan under the name of machinery purchase price even if the defendant was not the machinery purchase price, but the defendant obtained the loan and acquired it