A defendant shall be punished by imprisonment for six 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

At around 11:00 on September 17, 2013, the Defendant offered the Victim D's office located in Seocho-gu Seoul Metropolitan Government C building 803 as security, and if the Defendant borrowed KRW 20 million from the Victim D's office, the Defendant would pay the borrowed amount within one week.

Provided, That if the payment is not made, it is necessary to establish a collateral security on the above vehicle with a document delivered.

‘Falsely speaks to the effect that ‘A motor vehicle registration certificate, certificate of corporate seal impression, corporate register and vehicle keyss are presented.

However, in fact, the Defendant did not have property under his/her name as a bad credit holder, and the Defendant did not properly run his/her business so that he/she could not pay monthly salary for several months. The vehicle registered in the name of the main sea-based industry and the vehicle that the Defendant intended to offer as security was registered in the name of the main sea-based industry, and the victim required the proxy and the corporate seal impression in order to establish the right to collateral on the vehicle. However, since the Defendant failed to deliver it, the victim could not establish the right to collateral on the vehicle. Therefore, the document itself did not have any collateral value, and the key of the vehicle was used as a collateral and returned to him/her, and the Defendant did not have any intent or ability to repay the borrowed money.

Nevertheless, the defendant deceivings the victim as above and acquired it by deception by receiving KRW 18 million from the victim, namely, the victim's seat.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, F, and G;

1. The entry of part of the defendant in the suspect examination protocol against the defendant, and the reexamination of the oral statement D;

1. G Fact-finding certificates;

1. Application of Acts and subordinate statutes to a report on investigation ( creation of a motor vehicle collateral security);

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

1. Suspension of execution;