A defendant shall be punished by imprisonment for a period of five 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

On August 25, 2014, the Defendant applied for a specific limit (the limit that is granted separately from the limit that a member had at ordinary times when he/she applied for the use of a specific purpose) to the Victim Hyundai Card Co., Ltd., and agreed to make payment in lump sum following the following month when purchasing a motor vehicle.

On September 12, 2014, the Defendant settled 29,187,000 won, which is the full amount of the purchase price, at the point of Yeonsu-gu Incheon Metropolitan City Hyundai Motor Vehicle D, by means of the Hyundai Card, with regard to the purchase of the EM car at the point of Yeonsu-gu Incheon Metropolitan City, and falsely concluded that the payment will be made on or around October 20, 2014.

However, in fact, from June 2014, the Defendant was under the circumstances that he would raise the money that he received from horse and received and used the card service to pay the card price from the following persons. From August 2014, the Defendant did not have any income from leaving his workplace. Since the said purchased automobiles were sold to a used car dealer and used the money again for the horse, there was no intention or ability to pay the purchase price in lump sum at the payment deadline.

The Defendant enticed the victim as above, paid KRW 29,187,00 as the purchase price for passenger cars by Hyundai Card, and acquired the same amount of financial benefits as the Defendant did not pay the purchase price for passenger cars.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application for membership registration, application of Acts and subordinate statutes on overdue information;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Reasons for the sentencing of Article 62 (1) of the Criminal Act [the scope of recommending punishment] of the suspended sentence under Article 62 (1) of the Criminal Act in the case where a person commits a fraudulent act with no negligence in the area of special mitigation (one month to one year) (special mitigation) or a person commits a fraudulent act with no negligence, or the extent of the fraudulent act is weak, five months of imprisonment with prison labor and one year of suspended execution (the previous decision of sentencing is not just previous one but partially recovered);