On December 5, 2018, the Defendant purchased D vehicles at the Southern Daegu Branch in Daegu-gu, Daegu-gu, and entered into an automobile installment loan agreement with the victim E Co., Ltd. and the said vehicle with the content of KRW 42,500,000, the installment period of KRW 60 months for the said vehicle.

However, at the time, the defendant had been thought to sell the above vehicle again to a third party and to repay the above debt with the price. The defendant's property and income did not have the ability to pay the victim's installment.

As above, the Defendant, by deceiving an employee in charge of the victim company, had the victim pay 42,50,000 won of the purchase price of the above vehicle, thereby acquiring pecuniary benefits equivalent to the above amount.

Summary of Evidence

1. Defendant's legal statement;

1. A certificate of the new installment contract;

1. New installment, loan terms, etc.;

1. A certified copy or abridged copy of the automobile register;

1. Credit information history;

1. Application of the investigation report (report on investigation command), entry and exit transactions details (AF associations), and the details of transactions (AF banks)-related Acts and subordinate statutes;

1. The scope of recommendation [type 1] according to the sentencing guidelines for sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the Selection of Punishment Act for the crime committed by fraud [the scope of recommendation field and recommendation range] below the basic area of less than KRW 100 million [the scope of recommendation field and recommendation range], the circumstances under the decision of sentence for six months to one year and six months, and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and behavior, family relationship, family relationship, etc. shall be determined after considering the following factors of sentencing as a whole.

- The amount of fraud reaches approximately KRW 42 million, and the amount of damage recovery is not made properly, which is not received from the victim company - there is no record of recognizing and reflecting the crime, or of being punished for the same kind of crime;