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 February 10, 2012, the Defendant, in D, operated by the mother of the Defendant in the Guri-si C market, purchased GiceR car from F of the staff of the car E agency of the Plaintiff, set up a written application for vehicle installment to obtain loans of KRW 20 million from the Defendant Hyundai Capital Co., Ltd. and to pay the said loans in installments, each month.

However, in fact, the Defendant had been living with his mother-child and living expenses without his occupation at the time, and there was no particular property, and even if concluding a car installment loan contract as above, the Defendant did not have the ability to pay the loan normally.

As above, the Defendant received KRW 20 million from the victim corporation as a loan on February 13, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H;

1. Each prosecutor's investigation report (the report on the gathering of statements by the mother of a suspect / the submission of documents for reference to victims);

1. A complaint and accompanying materials;

1. Application of Acts and subordinate statutes on customer management cards;

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the range of recommending punishment] General Fraud (less than KRW 100,000) and the range of comparative sentence between the sentences of punishment and the recommended sentences that have no basic area (six months to one year and six months): Imprisonment with prison labor for six months from six months to one year [the decision of sentence], the suspension of execution for two years, the circumstances unfavorable to the community service80 hours: Non-agreement with the victim and non-argument. The above decision is rendered as above on the ground that there is no record of crime above the same kind of imprisonment or suspended execution, and the substantial damage is not significant (less than fifty million won).