A defendant shall be punished by imprisonment with prison labor for four months.

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

Criminal facts

On November 5, 2015, the Defendant was sentenced to two years of imprisonment for a crime of fraud, etc. in the Changwon District Court's smuggling branch on November 5, 2015, and the judgment became final and conclusive on February 5, 2016.

On August 9, 2013, the Defendant: (a) purchased a secondhand vehicle with a loan borrowed in the name of the land owner C; and (b) purchased a secondhand vehicle without delay; and (c) made a loan application with the content of “A” to obtain a loan from the victim Korea Social Co., Ltd. Co., Ltd. (hereinafter “victim Co., Ltd”) that was introduced through F, an employee of the location of the vehicle, and submitted it to C, by having C prepare an application for the loan with the content of “A loan amounting to KRW 18,50,00,000, interest rate of KRW 19.9%, 36 months, and period of loan; and (d) the borrower C.

However, even if the defendant purchased a car with a loan from the victim company, he was thought to dispose of it immediately, and there was no work place, there was no certain income, and there was no intention or ability to repay the loan to the victim because he did not pay the mobile phone charges.

On August 9, 2013, the Defendant had the victim company pay F, a motor vehicle dealer, KRW 18,500,000 as the purchase price for the passenger car, and acquired property profits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Copy of the police statement made to F;

1. C Complaints;

1. A copy of attached documents, such as a complaint, a copy of the application form, a copy of the statement, and an investigation report (a detailed statement of deposit of vehicle loans);

1. Previous convictions: Application of written inquiries about criminal history and criminal investigation reports (Attachment of cases under execution of criminal suspect sentence)-related Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has several criminal records and is sentenced to imprisonment.