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 January 14, 2015, the Defendant purchased a two-wheeled automobile in the Daegu Daegu metropolitan market located in the Daegu-gu, Daegu-gu, which is related to Korea Co., Ltd. (BMW) Korea Co., Ltd., and received a 18,900,000 won from the injured party, and entered into a installment transaction contract on the condition that the Defendant paid 605,422 won each month for 36 months.

However, the defendant did not have the intent or ability to pay the loan even if he received the loan from the injured party, since he did not pay the mobile phone fee and credit card payment in arrears at the time. The defendant purchased the above two-wheeled automobile and then tried to immediately liquidate it and pay his debt.

The Defendant had the injured party pay 18,900,000 won on the same day as the purchase price of the above two-wheeled automobile, and acquired property benefits by receiving the above two-wheeled automobile.

Summary of Evidence

1. Statement by the defendant in court;

1. A supplementary statement of the F’s criminal complaint;

1. Register of two-wheeled motor vehicles;

1. An application for a debate contract, etc.;

1. Content certification, etc.;

1. Certification Institute for receipt;

1. Application of the Acts and subordinate statutes of the schedule for repayment;

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 the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the basic area (six months to one year and six months) (no person subject to special sentencing] of the type 1 (less than KRW 100 million) general fraud;

2. Determination of sentence: In light of six months of imprisonment and two years of suspended sentence, the crime of this case is not good, the fact that the victim did not receive a letter from him, the defendant paid a certain amount of money out of the installment, the defendant deposited 4 million won for the victim, and the defendant made efforts to recover damage in the future, there is no record of punishment exceeding the same criminal record and fine, and the defendant is a young person aged 20 years of age.