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

On December 1, 2016, the Defendant: (a) purchased rocketing earth vehicles in Yangcheon-gu Seoul, Yangcheon-gu, Seoul; (b) requested a victim’s Hyundai Card Company to temporarily raise the card limit to the victim through an employee under the name of the said agency, as if he/she paid the card price by settling the purchase price of KRW 32 million with the credit card of the victim Hyundai Card Company.

However, the defendant did not have an intention or ability to pay the price on the date of settlement of the card price even if the victim has paid the vehicle price.

On December 1, 2016, the Defendant, by deceiving the victim, obtained a credit loan of KRW 32 million in the name of the car price from the damaged person, and acquired pecuniary benefits equivalent to the same amount from the credit loan through a specific service method.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Application for the Hyundai Card, the Motor Vehicle Registration Register, the Private Member Register, the Director of the Private Member Register, the Director of the Credit Card Issuance Register, the Credit Card Use Records, the ex-factory status by car masters, specific application consent, specific strategic implementation result, specific details of deposits, deposit details, and the application of statutes governing certificates of seal imprint;

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 reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act include: (a) the Defendant disposed of a vehicle to a third party within a short period after paying the vehicle price with the victim’s company card; and (b) the Defendant has not repaid a considerable portion of the amount of damage; (c) the Defendant’s mistake is against his/her own fault; (d) there is no criminal conviction from the Defendant; and (e) the Defendant’s age, sex, criminal conduct, environment, family relationship, motive and consequence of the crime; and (e) circumstances constituting the conditions for sentencing specified in the instant pleadings, taking into account the following circumstances.