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

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

Punishment of the crime

On August 23, 2013, the Defendant purchased the Spo E car volume from D located in the Seogu-gu Incheon Metropolitan City, Daegu, and entered into a contract for a vehicle installment loan with the content that the Defendant borrowed KRW 24,70,000 from the damaged Hyundai Capital Co., Ltd. and the injured company and repaid KRW 449,646 each month in installments for 60 months.

However, even if the defendant received a loan from the injured party and purchased the above amount of the car, he did not have the intent or ability to pay the installment, and purchased the vehicle, and then disposed of it immediately and used the sales price.

Defendant deceiving the victim as above and received KRW 24,700,000 from the injured party for the purchase price for the Ro E-Motor vehicle in that place.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of loan contracts, motor vehicle registration ledger, and deposit details Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [Scope of the recommended punishment] General Fraud (less than KRW 100 million). The mitigation area (one month-one year-one year-one year-one year) is not subject to punishment;

2. In full view of all the sentencing conditions, including the fact that the Defendant is against the sentence, the fact that the Defendant agreed smoothly with the victim, the primary offender, and the motive, means and result of the instant crime, the circumstances after the commission of the crime, the age of the Defendant, sexual conduct, family environment, etc., the sentence shall be determined as ordered.