A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On October 24, 2011, the Defendant, at the office of the D Co., Ltd. located in Busan metropolitan district, concluded that “I would purchase any loan using capital installment and make payment in installments of KRW 374,039 each month for 60 months to the staff in charge of the D Co., Ltd.”

However, the fact does not have the intention or ability to pay the installment even if the defendant purchased the vehicle at the installment.

As such, the Defendant, by deceiving a staff member in charge of the victim company, had the victim company pay 18,880,000 won to the principal for a passenger car and the automobile installment contract purchased at the expiration of the installment period of 60 months. The Defendant did not pay 18,275,955 won to the victim company, excluding 2 installments, and did not pay the price.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to a copy of the request for approval on loan, approval file and provisional consultation, a copy of an application for installment financing and a certificate of removal from office, and a copy of the register of automobiles

1. Article 347(1) of the Criminal Act, the choice of applicable law and punishment concerning the facts constituting a crime, and the choice of imprisonment;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (with regard to all the circumstances, such as the absence of criminal records of the same kind, exemption from punishment for victims, the fact that the crime is committed with willful negligence, the fact that social compensation is clear, the detention of the defendant's family members is accompanied by excessive difficulty, and the serious reflectness, etc.) or more of the Criminal Act;