A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

On February 16, 2011, the Defendant loaned KRW 28,000,000 to 11% per annum for the purchase price of D and K7 passenger cars delegated by Hyundai Capital Capital Co., Ltd. at the Young-gu in Gwangju-gu, Gwangju, the Defendant entered into a contract with Hyundai Capital Loan Co., Ltd. to pay 723,675 won per annum on the 25th day of each month to purchase a car normally by obtaining an installment loan and purchase the car normally and pay the loan amount properly.

However, the defendant did not have the ability to repay the loan properly because the car purchased by the installment loan was sold to another person, and it was difficult to use the car as a part of daily work at the time.

The defendant had the victim pay 28 million won of loans, which are vehicle purchase funds, to the car selling company, the car selling company.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E's summary of statement;

1. Details of request and arrears;

1. Application of Acts and subordinate statutes of installment loan agreement and copy of register of automobiles;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] General Fraud (less than KRW 100 million) and there is no basic area (six months to one year and six months) [the decision of sentencing] [the decision of sentence] the defendant does not have the same kind and suspended sentence or higher, the defendant is against his mistake, and other conditions of sentencing as ordered by the argument of this case, such as the defendant's age, character and character, environment, motive, means and consequence of the crime, etc.