A defendant shall be punished by imprisonment with prison labor for four months.

However, 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

1. Around August 2018, the criminal defendant against the victim B requested that the victim B purchase the victim B with the “DIndustrial Company (E) for the payment of the vehicle strawing vehicle (E) at the “DIndustrial Company” operated by the defendant located in the Jeon Chang Chang-gun, Jeonbuk-gun. The price of the vehicle is KRW 13 million, and KRW 7 million is grouped in Capital Capital, and the victim must first pay the overdue interest.” The victim demanded that the victim pay the amount for the repayment of the overdue interest on the vehicle.

However, at the time, the Defendant was unable to repay the amount equivalent to KRW 300,000,000 that he borrowed as security, and even if he received money from the victim due to the lack of money for the operation of the industrial company, he thought to be used as the operating funds of the industrial company, the personal debt repayment expenses, and there was no intention or ability to use it for the purchase of vehicles.

Nevertheless, on August 24, 2018, the Defendant received KRW 2.2 million in cash from the victim’s bank account in the name of the Defendant on August 24, 2018, and acquired KRW 1.7 million in cash from the said agricultural bank account on September 5, 2018 and acquired KRW 50,000 in cash from the victim.

2. Around December 13, 2018, the Defendant: (a) stated that “A victim F who was a customer from “DIndustrial Company” as stated in paragraph (1) that “if the card sales amount is paid KRW 2 million after one week, he/she will use it only one week and make a full payment.”

However, at the time, the Defendant was unable to repay the amount equivalent to KRW 300,000,000 that he borrowed as security by the said D industry company, and the Defendant was unable to pay a fine for criminal cases due to the shortage of money for operating the industry company. Therefore, even if the Defendant received KRW 2 million from the victim, he did not have the intent or ability to pay the amount for only one week.

Nevertheless, the defendant received 2 million won from the victim to the agricultural bank account in the name of the defendant on the same day and acquired it by fraud.

(i) the evidence;