A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 17, 2016, the Defendant entered into a loan agreement with the employee in charge of the victim App Savings Bank and the employee in charge of the victim App Savings Bank, with “19 million won for loans, 36 months for loan period, 18.9% per annum for loan interest, and 18.9% per month for equal repayment of principal and interest,” and agreed to purchase the CNp-si car with the above loan to set a mortgage in the victim’s name.

However, in fact, the defendant did not have the intent or ability to sell the No.N. car purchased as above to a third party to use the money as living expenses, etc., and did not have the intent or ability to make the victim repay the loan or to have the victim repay the bond by exercising the mortgage established on the No.S. car.

The defendant had the victim transfer the above loans of KRW 19 million to the car sales account on the same day.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of loan agreement, motor vehicle registration ledger, comprehensive inquiries about the current status of customers, and inquiries into the head of a general fund loan ledger;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below), namely, poor quality of the crime in light of the applicable law of the instant crime, that is, circumstances that are favorable to the fact that the victim was unable to recover the damage, would have no benefit directly earned by the Defendant through the instant crime, that is, there would be no benefit of the Defendant, that is, there is no benefit of the crime exceeding the same criminal history and fine, that is, the current state of health is not good due to the light of alcohol, that is, the perception of the mistake and the attitude against the instant crime.