A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

Around November 2010, the Defendant: (a) was unable to pay KRW 15,000,000,000, in a situation where there is no interest other than KRW 1,000,000 from monthly income through a real business; (b) the Defendant demanded that “if he is unable to repay the money, he shall purchase a high-class car and transfer it to the bond company in lieu of the money”; (c) the Defendant was willing to purchase a high-class car through a loan and transfer it to the bond company.”

On November 9, 2010, the Defendant borrowed a loan from the E-motor vehicle trading company of the victim E-Operation, which is the affiliated store of the damage capital capital in Seocho-gu, Young-gu, Ilyang-gu, Seoul, to purchase a motor vehicle, the Defendant: (a) stated that “I would purchase a motor vehicle of 18,00,000 won for the first installment of 641,525 won for the second installment and 743,570 won for each month from the second to 36th installment; and (b) stated that “I would purchase a motor vehicle of 18,00,000 won from the victim, despite the absence of the intent or ability to pay the installment,” and paid it as the price for the motor vehicle through the said employees.

Accordingly, the defendant, by deceiving the victim sofag Capital Co., Ltd., obtained pecuniary benefits equivalent to 18,000,000 won of loans.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Application of Acts and subordinate statutes to the details of receipt of principal and interest of installment payments, automobile (construction machinery), automobile loan agreement, automobile transfer certificate (for automobile dealer transaction), automobile registration certificate, deposit details and inquiry in comparison with claims, loan specifications, automobile register, actual inspection report, and lump-sum discrimination receipt;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is to be planned to deliver the instant crime to the creditor under the pretext of debt repayment.