A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 29, 2016, the Defendant purchased C dump truck by borrowing KRW 30 million from the victim B for the purchase price of construction machinery. However, the Defendant failed to repay the above borrowed money by December 30, 2016, which is the due date for the payment of the borrowed money, and the victim completed the provisional attachment on January 12, 2017.

On February 28, 2017, the Defendant paid 2 million won, which is a part of the above borrowed money, to the victim at an unspecified place, and falsely stated that “The Defendant would repay the above borrowed money by February 28, 2019, when the provisional seizure is cancelled.”

However, the defendant did not have any intention or ability to pay the above loan even if he received the above loan from the victim due to the lack of certain income at the time.

Nevertheless, as above, the Defendant: (a) drafted a standard agreement on loan transaction with the victim to the effect that “Seoul shall repay the principal amount of KRW 28 million until February 28, 2019; and (b) construction machinery C owned by the Defendant shall not be entirely transferred, acquired, or mortgaged before full repayment of the loan was made; and (c) had the victim cancel the execution of the provisional seizure on March 6, 2017, thereby having the victim obtain pecuniary benefits equivalent to the security value of the said dump truck.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on the standard contract for loan transaction, loan certificate, construction machinery register, details of payment of interest;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Scope of punishment by law: One month to ten years;

2. The recommended range of punishment according to the sentencing guidelines [the decision of type] is the recommended range that there is no recommendation range of less than KRW 100 million (the person specially punished).