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

On February 24, 2020, the Defendant purchased K7 passenger cars at the C point located at the time of racing on February 24, 2020, and entered into a new installment contract with the victim D Co., Ltd. and the said vehicle with the content of KRW 39,300,000, and the installment period of KRW 60 months.

However, the Defendant had no intention or ability to pay the installment price even if he purchased a vehicle using installment financing, and the Defendant purchased the vehicle and sold it to a third party and provided financing.

On February 24, 2020, the Defendant had the victim company pay KRW 39,300,000 for the said passenger car, by deceiving employees of the victim company, thereby acquiring pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. Defendant's legal statement;

1. A written complaint and a written statement;

1. Certificates of the fact of a new installment contract, customer information, terms and conditions of loans to D new installment, basic terms and conditions of credit transactions with credit financial companies, meetings to investigate the details of deposits into the certified copy or abridged copy of the register of automobiles, inquiry into the situation, and the application of Acts and subordinate statutes

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

1. Although the errors of the defendant in the reasons for sentencing under Article 62(1) of the Criminal Act are not somewhat weak, the sentence is determined as ordered by considering the following factors: the defendant is against his/her will and the victim does not want the punishment of the defendant by paying the amount agreed upon by the victim in full; the defendant's age, character and conduct, environment, circumstances of the crime, means and consequence of the crime; and other factors of sentencing as shown in the trial process of this case, including