A defendant shall be punished by imprisonment for not less than eight 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 October 14, 2013, the Defendant applied for a modern card through the victim Hyundai Card Co., Ltd.’s website and received the said card on the 17th of the same month.

On January 16, 2014, the Defendant purchased a rental car at a car D office located in the Jeonnam-gun, Seoul Special Metropolitan City, and paid 30 million won out of the vehicle price in a lump sum by the said card.

However, at the time of fact, the Defendant did not have any specific occupation or property, and was in excess of his/her obligation to pay KRW 57 million, such as debt, and the car purchased as above was thought to be sold to the automobile dealer through the automobile with automobile with automobile with an intention to use it as the cost of living, etc., so even if it is paid by the card, there was no intention or ability to pay the card price normally.

The Defendant, by deceiving the victim as above, had the victim company pay 30 million won in lump sum to the vehicle in lump sum, thereby acquiring pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. The register of automobiles (A);

1. Application of Acts and subordinate statutes to inquire into the details of cards;

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

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

1. It is an unfavorable circumstance to the defendant that the reason for the fraud of sentencing under Article 62-2 of the Social Service Order Criminal Act is not substantial and that the damage has not been recovered properly.

However, it appears that the victim is partly responsible for paying the vehicle amount to the victim without properly examining the defendant's credit standing, and other motives, means, and results leading to the defendant's crime of this case. The defendant's age, character and behavior, environment, and the defendant's motive, means, and result.