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

Criminal facts

On March 21, 2013, the Defendant was sentenced to imprisonment with prison labor and six months for fraud, etc. at the Daegu District Court on March 21, 2013, and the judgment became final and conclusive on March 29, 2013.

On February 1, 2012, the Defendant agreed to obtain a loan from the Hyundai Capital Company for KRW 16.2 million out of the purchase price of vehicles at the location of Seopo-dong 287-1, Seopo-dong 287-1, and at the location of Seopo-dong 20.6 million, the Defendant agreed to pay KRW 395,110 each month for the above loan.

However, the defendant did not have the intent or ability to repay the above loan even if he received the loan from the victim as above.

The defendant had the victim pay 16.2 million won as vehicle price on the same day from the victim.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. An application form for automobile installment, a claim list, and an inquiry about the details of cards;

1. Previous records: Criminal records and other inquiries; judgments; Daegu District Court rulings 2013No186; application of Acts and subordinate statutes to search articles of a court;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reason for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act that treats concurrent crimes is that the defendant was granted a loan from the victim for the purpose of lending funds, not for the purpose of purchasing and using the vehicle, and did not take measures to recover damage up to the present time, and thus, the defendant should be punished by the penalty. However, the circumstances such as the confession of the crime and the reflection of the crime, and all the form of punishment should be taken into account. The punishment shall be determined as ordered in consideration of equity in the case of judgment together with the latter concurrent crimes of Article 37 of the Criminal Act.