A defendant shall be punished by imprisonment for not less than three months.

Punishment of the crime

On May 24, 2016, in order to obtain a loan from the victim D Co., Ltd. for the purchase fund of one motor vehicle for the EM car in the office of trading used cars located in Seo-gu Incheon Metropolitan City, Seo-gu, Incheon, the Defendant would pay the F Co., Ltd. the above C Co., Ltd. according to the PP agreement by lending the purchase fund for the vehicle.

“A false statement is made to the effect that “A loan is made,” and the said F has the said F submit the loan documents to the victim’s company, such as a mid-to-mid debate agreement, a certificate of seal imprint, and a certified copy of resident registration, under the condition that “12.6 million won, interest rate of 16.9% per annum, 24 months per annum, and overdue interest rate of 27.9% per annum.”

However, in fact, the defendant has a debt equivalent to KRW 40 million at the time, was a bad credit holder, and there was no intention or ability to repay the loan in accordance with the agreement because there was no particular property.

As such, the Defendant, by deceiving the victim company, had the victim company transfer KRW 12.6 million from the victim company to the above used vehicle trading company account as the purchase price for vehicles, thereby acquiring property profits equivalent to the above amount.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The application of Acts and subordinate statutes on the agreement of the plenary session and investigation report (the hearing report by a complainant's representative G telephone statement).

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;