A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 16, 2014, the Defendant concluded an installment contract with the victim, on the part of the Hyundai Automobile D agency located in Macheon-si, with the purport that “29,200,000 won is loaned on the condition of 5.9% interest rate, and from October 25, 2014 to October 25, 2014, the Defendant would repay 886,998 won for 36 months each month from October 25, 2014.”

However, in fact, even if the defendant received a loan from the injured party to purchase the above vehicle, he would not operate the above vehicle and immediately resell it to another person, and there was no intention or ability to repay the above loan.

Nevertheless, around that time, the Defendant borrowed KRW 29,200,00 as a new purchase fund from the injured party.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F;

1. A written application for automobile payment and a written contract for automobile sales;

1. Details of installment payments and notice of scheduled termination of a contract;

1. Registers of motor vehicle registration, certificates of taxation by local tax item, and details of the next detailed inquiry;

1. Application of response statutes to credit information providing information to the NE Evaluation Information Company;

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. The main sentence of Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, the main sentence of Article 59(1) of the Act on the Observation, etc. of Protection, etc. are primary offenders, the defendant recognized the instant crime and reflects the Defendant, the partial recovery of the damage, and the fact that ELC lending Co., Ltd., which acquired the claim from the injured party, did not want to be punished by the Defendant, and other factors of sentencing, such as the defendant’s age, family environment, motive and circumstance of the crime, damage amount, and circumstances after the crime, etc., shall be determined as ordered by