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 March 31, 2014, the Defendant concluded a new installment contract with the purport that “A person in charge of Hyundai Capital Co., Ltd. who borrowed KRW 30,80,000 to pay the purchase price of a vehicle for KRW 627,466 each month by lending KRW 30,000 to the staff in charge of the victim Hyundai Capital Co., Ltd.,” to the effect that “A person shall pay the purchase price of a vehicle for KRW 627,466 each week.”

However, at the time, the Defendant did not have any particular property or income, while the Defendant did not have any intent or ability to fully repay the amount to be paid in the amount of KRW 25 million between the private parties and the amount to be paid in the amount of KRW 20 million, and attempted to sell the said vehicle to the other party immediately upon delivery.

The defendant deceivings the victim company as above and received 30,80,000 won from the victim company as a loan for the purchase price of the vehicle on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application for loan, terms and conditions of loan, ledger of automobile registration, notice, and payment 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 Social Service Order Criminal Act [Scope of Recommendation] There is no basic area (from June to one year and six months) of Type 1 (under KRW 100 million) [Determination of sentence] [Judgment of sentence] that the defendant is not deemed to have committed a crime planned; the defendant seems not to have committed a crime planned; the defendant's actual profits are the same day as the crime in this case; the act of defraudation through several methods; and on December 8, 2015, the defendant committed the act of defraudation by the same method and there is no criminal record other than the one sentenced to a suspended sentence of two years (at present, pending appellate court) for six months by this court (the period during which the court has been sentenced to a suspended sentence of two years). The sentence shall be determined as per the order, taking into account the following factors: the fact that the defendant was committed by deception, the amount of