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

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

Punishment of the crime

On April 24, 2014, the Defendant submitted a loan application to the Plaintiff Hyundai Capital Co., Ltd. (hereinafter referred to as “D agency”) by stating that “The Defendant purchased a vehicle using modern capital installment, and the loan amount is to be paid in 1,029,769 won each month for 36 months from April 30, 2017.”

However, the defendant did not have the intention or ability to pay the installment even if he purchased an automobile in the installment.

The Defendant, by deceiving the victim as such, committed an automobile installment contract purchased at 33,400,000 won as principal to one of the instant passenger vehicles in the Eland Kaban and 36 months as part of the said contract, and had the victim subrogatedly repay the purchase price of the said vehicle to 33,40,000 won, and did not pay the purchase price to 33,40,000 won, thereby obtaining property benefits equivalent to the same amount from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement of the G production;

1. Application of modern applications for capitalization and application details under Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. One year or less (the area subject to mitigation (the area subject to special mitigation (the area subject to mitigation) of factors subject to mitigation of punishment shall be less than KRW 100,00) by imprisonment with prison labor within the scope of the recommended sentence on the sentencing criteria;

2. Determination of sentence: The amount of damage caused by the instant crime is below the amount of damage;

Although it is not possible to make a sentence, considering the fact that the defendant's mistake is divided, that the injured person by agreement with the victim is the defendant's wife, that the defendant does not have the same criminal record as the defendant, and that there is no criminal record of probation or any other criminal record of probation in addition to the criminal record of probation for twenty years, the punishment shall be determined like the order.