On July 11, 2017, the Defendant: (a) purchased Kani vehicle at an auto agency located in Yongsan-gu, Yongsan-gu, Mangsan-si; (b) filed an application for a specific service with a victim Hyundai Card Co., Ltd. to a certain employee; and (c) fraudulently said, “I will make a lump sum reimbursement after the month after payment of vehicle price was made by Hyundai Card.”

However, in fact, the defendant had a debt of at least KRW 100 million and was managed by the defendant.

C(States) has no intention or ability to pay the card price even if the purchase price is paid with a modern card because it is not well operated.

As above, the defendant deceivings employees in the name of the victim company, paid the vehicle price of KRW 37 million with the modern card on the same day, and did not pay the card price, thereby acquiring financial benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes concerning contracts, motor vehicle registration ledger, and computer list;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Application of the sentencing criteria [Scope of the recommended punishment] The basic area (six months to one year and six months) (one year and six months from one year and six months) of the general frauds.

3. The Defendant, who had no record of criminal punishment, shows an attitude against his/her will to recognize his/her mistake as an initial offender with no record of criminal punishment.

However, even though the Defendant acquired a large amount of economic benefits equivalent to KRW 37 million due to the instant crime, it seems that the Defendant did not recover the damage or not receive any remedy from the injured party, and that there is no possibility of recovering the damage.

Moreover, as to the circumstances of the instant crime, the Defendant had intentionally committed the act of deception with the negligence of failing to pay the above amount due to the failure of the business.

I.1.