A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

On March 18, 2014, the Defendant made a false statement that “The Defendant would make installment payments of KRW 759,416 each month for 36 months in the next 36 months, if he/she would be able to purchase a vehicle using installment financing,” to the victim (ju), KB Capital, and staff members of Yongsan-gu Seoul Special Metropolitan City.”

However, there was no intention or ability to pay the installment even if the automobile was purchased by installment.

As such, the Defendant: (a) by deceiving the victim as such; and (b) concluded an automobile contract purchased at the expiration of KRW 25 million with the principal for the victim (ju), KB Capital Capital, and D Coon for a vehicle for investment in D Coon; and (c) for 36 months with the installment period, the Defendant did not pay the purchase price of the said vehicle by subrogation; and (b) did not pay the purchase price of the said vehicle by subrogation; and (c) did not acquire the pecuniary benefit equivalent to the said amount from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Reasons for the suspended sentence of punishment under Article 62(1) of the Criminal Act [the scope of recommending punishment] The mitigated area (10 million won or less) of types 1 (100 million won or less) [1-1 year] of the mitigated area (100 million won or where considerable damage is recovered [the decision of sentencing] that the defendant acknowledges and reflects the crime of this case, the first offender, and the fact that the defendant agreed with the victim on September 1, 2015, etc. are favorable circumstances, and the amount obtained by deception is 25 million won or more, shall be considered as unfavorable circumstances, and the punishment shall be determined as ordered within the scope of the recommended sentence, taking into account the defendant’s age, character and behavior, environment, motive and circumstance leading to the crime of this case, circumstances after the crime, etc.