A defendant shall be punished by imprisonment for 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 March 30, 2012, the Defendant entered into a sales contract for the instant branch employees E and Lone Star Co., Ltd. at the “On-site Motor Vehicle D Branch” located in Daegu-gu, Daegu-gu, and was issued a credit card (credit card No. F) with the victim Hyundai Card Co., Ltd. to use as a means for the settlement of the price.

However, the Defendant had been liable for a debt of approximately KRW 180,000,000,000, and there was no intention or ability to pay the debt even if it was used with a credit card issued by the victim for about KRW 380,000,000.

Nevertheless, around March 31, 2012, the Defendant paid KRW 5,672,00 as the price for the above passenger car, and KRW 1,302,810 as the cost for the delivery of the above passenger car, around April 2, 2012, and KRW 2,00,000 as the registration fee, and KRW 16,160,00 as the price for the above passenger car, and KRW 25,134,810 as the price for the above passenger car, even though the Defendant paid KRW 1,40,00 as the Hyundai Card and used KRW 23,734,810 as the price for the above passenger car on April 4, 2012, the Defendant acquired property benefits equivalent to the above amount, because it did not pay KRW 23,734,810 as the remainder.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Examination protocol of the accused by prosecution;

1. Protocol of the police statement concerning G;

1. A copy of a membership application;

1. Each register of automobiles;

1. A written confirmation of details of card use;

1. Short-term force-finding table;

1. Application of Acts and subordinate statutes concerning financial transactions, credit information inquiry and inquiry;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

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

1. Determination of the defendant and his/her defense counsel's assertion under Article 62-2 of the Social Service Order Act

1. At the time of the summary of the claim, the Defendant had an intention or ability to pay the card payment by means of money to be collected from the customer.

2. The following facts and circumstances, which may be acknowledged by each evidence of the judgment, that is, the Defendant KRW 180 million at the time.