[Criminal Power] On December 9, 2010, the Defendant was sentenced to eight months of imprisonment with prison labor for an injury, etc. in the Daegu District Court Port Support, and completed the execution of the sentence on June 5, 2011.

【Criminal Facts】

On May 14, 2012, the Defendant purchased a benz car from the Hansung Fachi Co., Ltd. located in 203-6, Suwon-dong, Suwon-dong, Busan, and received a loan from the Defendant for the payment of automobile price.

The Defendant, at the same time and place as above, prepared an application for loans to the effect that “58,680,000 won shall be loaned and repaid each 1,314,210 won monthly between 60 months each week,” and submitted it to the employee in charge of the victim’s loan around that time.

However, as above, even if the Defendant purchased an automobile, he was planning to dispose of it immediately and pay the Defendant’s obligation to the Defendant’s wife B with the payment, and the monthly income was excessive from KRW 1.4 million to KRW 1.5 million with the labor day at the time, so even if he received a loan from the victim, he did not have any intention or ability to pay it.

On the same day, the defendant had the victim pay 58,680,000 won to the Sungmoter Co., Ltd. under the name of the defendant's vehicle loan, thereby acquiring property profits equivalent to the same amount.

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

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Each copy of a written agreement, motor vehicle register, motor vehicle sales contract, and written estimate attached to the written complaint;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

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

1. Reasons for the sentencing of Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] General Fraud (less than KRW 100 million) and the basic area (not less than six months of imprisonment or one year and six months of imprisonment) (the decision of sentencing).