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 becomes final and conclusive.

Punishment of the crime

On July 23, 2012, the Defendant made a false statement to the effect that “The Defendant would make an equal installment of the principal and interest for 48 months from August 25, 2012 to July 25, 2016, by lending KRW 54,00,000 to 1,308,183 per share on the 25th day of each month, while filing an application for a vehicle installment loan with an employee under the name of the injured Hyundai Capital Co., Ltd.’s staff member.”

However, at the time of fact, the Defendant did not have any property or income, and it did not intend to use the vehicle purchased from the beginning by normal means, but did not intend to sell it and make it possible to depart from Canada with his family members and to live there, so even if he received a loan from the victim, there was no intention or ability to repay it on the agreed date.

Nevertheless, the defendant deceivings the victim as above and obtained 54,00,000 won from the victim under the pretext of the installment loan for vehicles.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of the loan review table, information inside and outside of the review, application for loans, the register of automobiles and the Acts and subordinate statutes of the claim specification table;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., the fact that North Korean defectors are deemed to have caused the crime; that the current amount of debt is divided and repaid by applying for the adjustment of debt to the National Diplomatic Fund; that the payment is made in good faith in the future;

1. Probation and community service order under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;