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

On October 23, 2012, the Defendant filed an application for a loan of the second loan to the Hyundai Capital Co., Ltd. (hereinafter referred to as "A") of the victim's name in collusion with the third loan of the second loan at a location in Daejeon, Daejeon, around October 23, 2012, and the Defendant borrowed KRW 21 million in the name of the vehicle for the purchase of the third loan (D), and made monthly payments for 28.9% per annum and 36 months in 28.9% per annum, and set the right to collateral security in the name of the victim.

However, in fact, the defendant purchased the above knife and used the above knife to the person without his name. At that time, the defendant had a debt of 10 million won or more, and there was no intention or ability to pay the above knife because of no particular property or occupation.

Nevertheless, the defendant deceivings the victim as above and took out a loan of KRW 21 million under the name of the vehicle security loan from the victim.

Accordingly, the defendant, in collusion with the name infinites, acquired 21 million won from the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A complaint, an examination slip, an application for Hyundai Capital loan, a certificate of seal imprint, etc., a notice of credit transfer and consignment, a register of automobile registration, etc., the highest head for exercising a right to collateral security, and a comprehensive credit information report;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act / [the scope of the recommended sentence] General Fraud (within KRW 100 million) (one month to one year), where punishment is not imposed or considerable damage is recovered [the person who is specially mitigated], or where the crime is not committed in terms of planned crimes without a certain amount of fraud (the decision of sentence], but it is not good to be committed in that it is a planned crime. However, it is recognized that there is no record of crime other than a fine once, damage is recovered and agreed, and other conditions of sentencing as shown in the records, the sentence as ordered shall be determined by considering