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

On February 14, 2013, the Defendant concluded an installment loan agreement with the victim, stating that the Defendant would immediately deliver an automobile in accordance with a mortgage establishment agreement, and that the Defendant would immediately deliver the automobile to the victim when he/she is in arrears, by making a loan of KRW 2,4.5 million to the employees of Hyundai Capital Co., Ltd. at the office of the new branch of the vehicle in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, Seoul, and KRW 5,500,000,000 per month for 48 months.

However, the defendant did not have any particular import after the retirement of the company at the time, and immediately after the purchase of the vehicle, the defendant did not want to repay the loan faithfully to the victim according to the agreement.

As above, the defendant deceivings the victim as above and acquired the money by remitting the amount of KRW 24.5 million from the victim as above on the same day.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Written statements of D;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes, such as contract documents, such as an application form to be submitted, an automobile registration ledger, and a list of deposit details;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] general fraud, type 1 (less than KRW 100 million) [the scope of recommended punishment] and the basic area of punishment [the scope of recommended punishment], the basic area of imprisonment with labor for not less than six months, but not more than one year and six months;

2. The Defendant was given a loan from a person who suffered damage to another person upon purchasing a motor vehicle from the beginning;

The amount of damage has not been so much and there have been considerable time after the crime of this case.