A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On June 25, 2012, the Defendant: (a) purchased D SP vehicles, and entered into a loan agreement with the Defendant’s Hyundai Capital Co., Ltd. with loans of KRW 24 million per annum; (b) the substance of the loan agreement with the Defendant at KRW 27.9% per annum; (c) the overdue interest rate of KRW 33% per annum; and (d) the repayment period of 36 months; and (c) provided the said vehicles as security.

However, in fact, even if the defendant purchases a vehicle in the situation where the obligation of approximately KRW 44 million has already been accumulated, he did not dispose of it to a person with no name but with the previous intent to repay the previous obligation with the price, and actually purchased and operated the vehicle, or did not have any intention or ability to repay the loan as agreed.

Nevertheless, the defendant deceivings the victim as such and acquired it by receiving 24 million won from the victim on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of details of repayment of loans);

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. All circumstances, such as the violation of the reasons for sentencing under Article 62(1) of the Criminal Act, the fact that there is no previous conviction except for the previous conviction of a fine for the same type of punishment after the prosecution, the fact that there is an agreement with the injured party after the prosecution, and