A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On August 2, 2012, the Defendant purchased 80,000,000 won from the Victim Duyang Capital Capitals Co., Ltd., and entered into a contract on vehicle security loans with the Defendant to pay 2,392,080 won monthly loans at the 48-month rate.

However, at the time, the defendant was liable to the Credit Guarantee Fund, Gwangju Bank, and various private financing, and the defendant purchased the vehicle to provide surplus funds in excess of the vehicle price by taking the vehicle security loan at least four months after purchasing the vehicle through the vehicle security loan, and even if receiving the loan, there was no intention or ability to repay the loan.

Nevertheless, the Defendant, by deceiving the victim as above, received approximately KRW 80,000 from the victim to the Agricultural Cooperative (E) account in the name of D under the pretext of vehicle purchase.

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

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. A complaint;

1. 담보대출신청서, 자동차등록원부, 채권정보 상세조회, 상환스케쥴

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The reason for sentencing of selective punishment of imprisonment [the range of recommending punishment] General Fraud (less than KRW 100 million) where a person commits a deceptive act in the mitigated area (one month to one year) (special mitigation) or where the degree of deceptive act is weak (the decision of sentencing] in four months of imprisonment, the defendant reflects the crime of this case, there is no criminal conviction of the same kind of fraud, and the victim secures physical security by establishing a collateral security right with respect to the vehicle of this case.

However, the damage suffered by the defendant due to the defendant's crime is a large amount of 80 million won.