A defendant shall be punished by imprisonment for four months.

except that 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 January 19, 2011, the Defendant concluded a loan contract for KRW 35 million with a victim Hyundai Capital Corporation's name in purchasing a NAS vehicle at the North-gu B Agency in Gwangju Metropolitan City.

However, the above facts did not have the intent or ability to repay the loan even if the loan was given.

The Defendant received 35 million won as a loan from the victim, namely, at the seat of the victim.

Accordingly, the defendant, by deceiving the victim, received the property and acquired it.

Summary of Evidence

1. Defendant's legal statement;

1. A summary of the statement in C;

1. Application of Acts and subordinate statutes to applications for capital goods;

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

1. The reason for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [Decision of Sentencing] The reason for sentencing [The Reasons for Sentencing favorable to the Reasons for Sentencing] - The fraud group. - In the case of less than KRW 100,01 general fraud [Special Contributor] - The decision of the recommendation field / [the scope of the recommendation field] mitigation area / 1 year [the scope of the recommendation field] - efforts to recover from reflective damage caused by the general mitigation / The decision of the suspension of execution [whether the suspension of execution has been made] - The main reason for the recommendation of the suspension of execution - If the substantial damage is considerably small or considerably recovered: The positive reason for the suspension of execution - If the actual damage is considerably small or considerably recovered: The reason for the suspension of execution - The reason for the suspension of execution before and after two times or more times: the positive reflective deposit, partial recovery of damage, and serious damage recovery / [the defendant's efforts to obtain a loan from the victim or ability of the loan contract with the victim]