A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

[Criminal record] On April 9, 2014, the Defendant was sentenced to a suspended sentence of one year for criminal fraud at the Seoul Eastern District Court for six months, and the judgment became final and conclusive on April 17, 2014.

[2] On September 7, 2012, the Defendant, in collusion with E, purchased F-AdiT (hereinafter “instant vehicle”) from the victim Arith Capital (ju), with the intent to purchase the vehicle in a normal manner and to faithfully pay the installments. The Defendant concluded an installment contract with the victim to suggest that the purchase price of KRW 19 million should be changed into KRW 764,510 each month between 36 months and 36 months.

However, the defendant had the intention to purchase and dispose of the vehicle without the intention to purchase and hold the above vehicle, and there was no intention or ability to pay the installment amount normally, such as the debt amounting to KRW 70 million without any specific property at the time.

Nevertheless, the defendant, in collusion with the above E, had taken over the above vehicle from the injured party by deceiving the victim.

Summary of Evidence

1. Each legal statement of witness G and H;

1. A complaint - A written complaint to be entered into a written complaint (I director’s order) - A summary statement, a register of vehicle registration - a telephone statement (a written demand for overdue payment from September 11, 2012 after the loan on December 17, 2012)

1. Previous convictions: Inquiry into criminal history and investigation reports (Attachment of the relevant text of judgment) (the defendant and defense counsel shall claim to the effect that the defendant and defense counsel did not deceive the victim.

According to the above evidence, the defendant, in the position of I director, appears to have taken the view that he would normally purchase the above vehicle and make installment payments from time to time, and concluded an automobile installment contract with the victim, but it seems that there was no evidence to verify the substance of the siren business that he planned and prepared at the time, and there seems to be no way for the defendant to repay the installment loans on his own.