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

On September 20, 2012, the Defendant applied for an installment loan of KRW 37 million to the victims Hyundai Capital Co., Ltd. through the said modern car (ju) staff in the Namdong-gu Incheon Metropolitan City.

However, on August 2012, the Defendant sold the franchise and used the sales proceeds for the repayment of the debt. On September 16, 2012, 9.5 million won borrowed on or around September 16, 2012, the Defendant had no intention or ability to repay the loan to the victim even if the Defendant purchased the said passenger car with the payment of the loan from the victim.

Nevertheless, the defendant received 37 million won as vehicle loans from the victim and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Details of transactions;

1. Application for registration of transfer, certificate of automobile transfer, registration certificate and certificate of personal seal impression;

1. An application for automobile installment and a certificate of personal seal impression;

1. Details of deposits;

1. Application of Acts and subordinate statutes on the claim list;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act that the victim does not want the punishment of the defendant and that the defendant