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

On February 8, 2013, the Defendant purchased a car from 17 K7 car by the victim Hyundai Capital Co., Ltd. in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and paid the Defendant rent of KRW 674,600 per month for 60 months according to the lease contract, and the Defendant prepared a “automobile lease application” as if the Defendant operated the vehicle, and submitted it to the person in charge of the damaged company.

However, the fact was that the injured company received the leased vehicle from the injured company and planned to provide it as security to the bond company, and there was no intention or ability to pay the leased fee normally because there was no special revenue or property.

The Defendant, by deceiving the damaged company as such, obtained the B K7 car equivalent to the market price of KRW 34,560,000 from the victimized company at around that time, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of modern Capital Lease Application, Motor Vehicle Lease Termination Account, and Motor Vehicle Register Act and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the sentence recommended by the sentencing guidelines [decision of type] fraud, general fraud (less than KRW 100 million) (decision of the recommended area] basic area [the scope of the sentence recommended] 6 months to 1 year and six months;

2. Determination of sentence shall be made in the same manner as the order, taking into consideration the overall circumstances shown in pleadings, such as the defendant's confession, the fact that the defendant is making a decision of sentence, the fact that there is no record of punishment for the same kind of crime, the extent of damage, and the age, character, conduct, occupation, intelligence and environment of the defendant, motive and background of the crime, means and methods of the crime, circumstances after