A defendant shall be punished by imprisonment for not less than eight months.

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

Criminal facts

On September 26, 2011, the Defendant: (a) at the Hyundai Automobile Original Point located in Yeongdeungpo-gu, Young-dong, Young-gu, 537-3, the Defendant: (b) stated in the application for the part loan to be extended to Hyundai Capital Co., Ltd., Ltd., which was kept in place, that he would have faithfully paid the purchase price; (c) stated that the Defendant applied for the new part loan to the Plaintiff; and (d) filed the application with the victim.

However, in fact, even if the Defendant purchased the Lone Star Co., Ltd through the installment loan, it was thought that he would immediately resell it, and even if he received the installment, he did not have any intention or ability to pay it, because there was no certain import at the time.

On September 26, 2011, the defendant obtained a loan of KRW 20,40,000 from the victim company as the purchase price for modern vehicles through the name and unsworn box of the employees of the victim company and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. A copy of an application for new installment;

1. Application of a copy of the motor vehicle register (A) statute

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of the type of punishment] general fraud [Determination of the recommended area] basic area: Imprisonment with prison labor for not less than six months to not more than one year [whether to suspend execution of sentence] - Major negative factors: Unagreement - Major positive factors cases where the size of substantial damage is somewhat small - there are no criminal records of suspension of execution of sentence or more,