[criminal power] On June 4, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (thief) in the Jinwon District Court's Jinju branch on June 4, 2009, and the execution of the sentence was terminated on October 28, 2010 after the judgment became final and conclusive.

【Criminal Facts】

On March 25, 2011, the Defendant concluded a false statement that “Around February 25, 2011, the Defendant borrowed KRW 2,640,000,000 to purchase the victim Hyundai Capital Co., Ltd., a business employee of the said Hyundai Capital Co., Ltd.” (hereinafter referred to as “YF Co., Ltd.”). From April 20, 201 to March 20, 2016, the Defendant would pay KRW 542,910 on the 20th of each month during the 60-month period from March 20, 2016.”

However, as long as the Defendant was released from prison at the time, there was no money, and there was no intention or ability to repay the money even if the Defendant received the loan from the victim, because the Defendant thought that he would dispose of the spora-type vehicle at the intermittent value through a named lending broker.

As above, the Defendant, by deceiving the victim, entered into a loan agreement of KRW 26.4 million from the victim under the pretext of vehicle loans, and acquired pecuniary benefits equivalent to the above loan by purchasing YF rocketing vehicles.

Summary of Evidence

1. Defendant's legal statement;

1. Application for a loan of funds to purchase motor vehicles, agreement on loans to purchase motor vehicles, register of motor vehicles, details of deposits, statement of claims, copy of a certificate of personal seal impression, copy of the certificate of employment, and copy of passbook

1. Application of Acts and subordinate statutes concerning criminal records, court rulings, and personal confinement/collection status;

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Determination of types: Type 1 of general fraud (less than KRW 100 million) among the fraud crime group;

(b) A special breeder: No person;

(c) Scope of recommendation: Imprisonment with prison labor for not less than six months but not more than one year and six months;

2. Determination of sentence;