A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Criminal facts

[criminal power] On July 10, 2015, the Defendant was sentenced to a suspended sentence of two years for a violation of the Punishment of Tax Evaders Act by the Seoul Northern District Court on October 10, 2015, and the judgment became final and conclusive on July 18, 2015. On January 31, 2018, the Seoul Northern District Court sentenced a suspended sentence of two years for a violation of the Punishment of Tax Evaders Act at the Seoul Northern District Court on October 201, and the judgment became final and conclusive on February 8, 2018.

【Criminal Facts】

The defendant is a person who actually operated the PVC wholesale company B, and the victim C was a nominal representative director of the above company at the request of the defendant.

On March 11, 2014, the Defendant stated that “B corporation would faithfully repay the principal and interest of the money borrowed on a joint and several guarantee basis” to the victim in order to obtain a loan of KRW 100 million from the said bank.

However, the above B Co., Ltd. is not engaged in normal business at the time, and there is no property or profit at all, and there is a debt of KRW 200 million, and the Defendant also did not have any particular property or income. Therefore, even if the Defendant was given a loan with a joint and several guarantee by the victim, there was no intention or ability to repay the

Nevertheless, the Defendant had the victim stand joint and several surety in the same place, and was loaned KRW 100 million from the E Bank in the name of the E Bank.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police's protocol of interrogation of the defendant against C and the police's protocol of interrogation of C

1. Investigation reports;

1. Investigation report (the direction of the inspection) - All loan-related documents of the FF Bank;

1. Account specification (No. 2 No. 5 of evidence list);

1. Business registration certificate and certified transcript of corporate register;

1. Previous convictions in judgment: Investigation report (a final and conclusive judgment after the commission of the offense) and criminal records.