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 this judgment becomes final and conclusive.

Punishment of the crime

Around August 17, 2012, the Defendant purchased the Kysttop car at the Dysttop car agency located in Suwon-si, Suwon-si, Suwon-si, 26-5, and applied for a loan to an employee under the name of the victim (the victim) of the Young-gu, Young-dong branch located in Suwon-si. The Defendant borrowed KRW 30 million with the repayment method of equal division of principal and interest each month after setting the period of the loan as 60 months and then 616,943 won each month.

However, in fact, there was no property owned by the defendant, and there was no income from the lack of occupation, so even if the defendant received the above loan from the victim, there was no ability or intention to repay the loan.

As above, the Defendant, by deceiving the victim, obtained a loan of KRW 30 million from the victim, namely, in the seat of the victim as a vehicle purchase fund, and acquired it by fraud.

Summary of Evidence

1. The defendant's partial statement in the sixth trial records;

1. A protocol concerning the suspect examination of the accused;

1. Statement of police statement of D or E;

1. Application of the Acts and subordinate statutes on a motor vehicle sales contract, a complaint, a loan application/agreement details, a copy of the loan terms and conditions, a copy of the register of motor vehicles, a copy of the register of motor vehicles (A), a claim list, a certificate of vehicle takeover,

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

1. As to the assertion of the Defendant and the defense counsel under Article 62(1) of the Criminal Act of the suspended execution, the Defendant recognizes the fact that the Defendant borrowed the vehicle from the victim and did not pay the installment, but the Defendant also denies the intent of the crime of defraudation by the victim of vehicle loan.

According to the evidence duly adopted and examined by this Court, the defendant was able to pay 610,000 won of the vehicle in good faith on the ground that he did not have any remaining money if he used the monthly income for living expenses, such as monthly rent, and interest on loans.