A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On November 24, 2015, the Defendant was sentenced to imprisonment of one year and two months and a fine of five million won for fraud, etc. at the Changwon District Court on November 24, 2015, and the judgment became final and conclusive on February 5, 2016.

On May 20, 2014, the Defendant purchased 1 E7.5 tons truck from the D office operated by the Defendant in Kimhae-si, and entered into a loan contract with the victim Non-us Capital Co., Ltd. and 1,430,230 won on June 20, 2014, on condition that the victim would repay KRW 1,422,291 each month between 60 months and 1,422,291, on condition that the victim would receive KRW 72,00,000 from the damaged party.

However, the defendant did not have the intent or ability to pay the principal and interest every month even if he received a loan from the injured party because the debt of the company operated at the time reaches the amount of KRW 1.3 billion, but there was almost no revenue.

As such, the Defendant, by deceiving the victim and receiving KRW 72,00,000 from the damaged person for the same day as the loan money, acquired by the defrauded.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. Application of Acts and subordinate statutes to the details of application for debate and request for installment payment;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62(1) of the Criminal Act provides that the amount of money that has caused damage to reasons for sentencing is not small.

However, the Defendant recognized the instant crime, agreed with the victim, and the equity between the judgment and the judgment should be taken into account at the same time with separate frauds, etc.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances in the records and arguments, such as the defendant's age, sex, environment, background, motive, means and consequence of the crime, circumstances after the crime, etc.