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 became final and conclusive.

Punishment of the crime

On April 3, 2015, the defendant was sentenced to a suspended sentence of ten months for fraud at the Busan District Court on April 3, 2015, and the judgment became final and conclusive on the 11st of the same month.

On May 18, 201, the Defendant, as the real representative of the company D Co., Ltd. located in Busan Seo-gu, Busan, submitted a certified copy and certification of each of the personal seal impression in the name of D, E, and F to the employees of the victim Hyundai Capital Co., Ltd. at the company's office located in Busan, Seo-gu, Busan around May 18, 201, and borrowed KRW 26,000,000 to purchase G S Sbling Conve B in the name of D, and paid KRW 1,102,790 every month for 36 months.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, the defendant did not have the intention or ability to repay even if he borrowed from the victim company.

Accordingly, the Defendant, by deceiving the victim company as above on May 19, 201, entered into a loan agreement with the victim company with a loan of KRW 26,000,000,000, interest rate of KRW 28.50, 28.50, 33.00, and 36 months, and received KRW 26,00,000 from the victim company on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each police statement made to E, F, and H;

1. A certificate of all matters to be registered, list of claims, copy of application for loans, ledger of registration of motor vehicles, certificate of transfer of motor vehicles, each seal imprint certificate, resident registration certificate, and copy of identification card;

1. Investigation report (No. 12 No. 5 of the evidence list);

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports (date of confirmation of judgment);

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62(1) of the Criminal Act of the suspended execution (Article 62(1) of the Criminal Act provides for a repayment plan for the amount acquired by deception after committing the crime in this case, and the first head of the judgment.