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

On July 1, 2009, the defendant was sentenced to imprisonment with prison labor for six months at the Gwangju District Court on July 1, 2009 and the above judgment was finalized on July 9, 2009.

On July 2, 2008, the Defendant submitted a prior application for a loan of automobile purchase funds to D through a loan business operator who does not know the name in the Hyundai Automobile (State Agency) Agency in Gwangju Mine-gu, and submitted a prior application for a loan of automobile purchase funds to D, stating, “The 16.5 million won will be paid monthly in order to purchase rocketing other products for 36 months.”

However, in fact, the Defendant did not think of being on board the said rocketing vehicle by purchasing it, and requested the borrower who was unable to know his name from the beginning with the intention of selling the said vehicle to make money, and there was a debt of 31 million won without any specific property at the time, and thus, there was no intention or ability to pay the price even if the Defendant purchased the vehicle from the Hyundai Capital Co., Ltd. of the victim Hyundai Capital Co., Ltd.

The Defendant, as such, by deceiving the victim, received from the victim the rocketing vehicle at the market price of 16.5 million won.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint, loan agreement, register of automobiles, details of deposits, and list of requests;

1. Previous records: Application of Acts and subordinate statutes to criminal records, investigation reports (reports on criminal records and attachment of judgments);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The crime of this case is deemed to have been committed in good faith with the consent of the workplace after being sentenced to a suspended sentence for a crime under Article 62(1) of the Criminal Act, and the crime of this case may have been punished with the previous crime of this case, and is led to confession of the crime;