A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

Since the Defendant borrowed one million won from the Defendant, the Defendant purchased a secured loan under the name of the Defendant, and thereafter the Defendant repaid the loan for a certain period of time, the Defendant sold the automobile and appropriated it for the Defendant’s repayment of the obligation.

On November 23, 2015, the Defendant and B entered into a motor vehicle loan agreement with the victim D Co., Ltd. to purchase the Category II cargo vehicle under the name of B, and to pay the principal and interest of the vehicle in equal installments with the amount of KRW 11,70,000, the installment amount of KRW 36 months, the amount of mortgage amount of KRW 8,190,000 each month with the amount of KRW 548,275, and the amount of the principal and interest of the loan shall be repaid in equal installments. The Defendant and B received a personal confirmation phone from the employee in charge of the victim company's loan at around that time, and the said employee “on the loan of KRW 11,70,000,000 as used vehicle purchase funds, the principal and interest shall be repaid while operating the vehicle normally

However, the facts were that B did not have the intention or ability to pay the principal and interest of the loan, and the defendant was aware of the circumstances, and if B fails to pay the loan, he would have sold it over-lane.

Accordingly, the Defendant conspired with B, by deceiving an employee in charge of loans in which the name of the victim company is unknown as above, and received KRW 11,700,000 from the victim company to the E-UnionF account in the name of B.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect examination protocol of the accused by the prosecution (including the B statement section);

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances favorable to the fact that damage recovery is not performed: The confession and reflect are made, the defendant has no record of the same kind of punishment, and the defendant's age, character, character, environment, family relationship;