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

[criminal records] On July 7, 2011, the Defendant was sentenced to a two-year suspension of the execution of imprisonment for a crime of fraud at the Suwon District Court, which was sentenced to a two-year suspension of execution on July 15, 201. On August 7, 2015, the said judgment became final and conclusive on November 10, 2015, upon being sentenced to a eight-month imprisonment for a crime of fraud at the Seoggu District Court Branch Branch of the Daegu District Court.

[2] Around November 25, 2009, the Defendant purchased an EM5 car at the Hano Samsung Motor Vehicle D’s agency located in Gwangju Mine-gu, Gwangju, and entered into an installment financing and loan agreement with the Defendant’s mother F to obtain a loan of KRW 22,50,000 from the injured party’s damage and to pay the said loan in installments for 663,289 won each month for 36 months after receiving the loan from the injured party’s mother F.

In the process, the Defendant purchased and operated the said car with the above payment to the employees of the victim's nameless merchant, and made a false statement as if he would repay the loan to the victim as stated in the above contract.

However, in fact, the defendant was willing to purchase the above car by receiving the loan from the injured party and then dispose of it to the third party, and there was no particular income or property at the time, and there was no intention or ability to repay the above loan.

Nevertheless, the Defendant received 22,50,000 won as a loan from the injured party 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. A supplementary statement concerning complaints filed and a statement concerning the preparation of the G;

1. A loan agreement and deposit status in preparation for repayment;

1. Original Register of Automobile Registration (E);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report criminal history (report on criminal history of suspect A);

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. The reason for sentencing of Article 62(1) of the Criminal Act is as follows.