A defendant shall be punished by imprisonment for six 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 September 5, 2012, the Defendant entered into a loan agreement for a vehicle installment amounting to KRW 19 million, agreed rate of KRW 7.95%, contract period of 36 months, and monthly payment of KRW 561,473 from the Hyundai Capital Co., Ltd. in order to purchase a car in the name of the Defendant Ei30 in order to raise the purchase price for a car in the name of the Defendant.

However, the Defendant did not have any particular income or property other than KRW 400,000,000 at the time, and there was a debt equivalent to KRW 11,00,00,000, so there was no intention or ability to repay the loan even if the Defendant received the loan from the victimized company.

As such, the Defendant, by deceiving a person in charge of the victimized company, obtained a loan of KRW 19 million from the victimized company and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. An application for automobile installment;

1. Automobile register;

1. A beneficiary certificate;

1. Application of Acts and subordinate statutes of the investigative report (No. 14 of the evidence list);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of recommending punishment] The following factors are considered: fraud group, general fraud (type 1), basic area, imprisonment with prison labor for six months to one year and six months (decision of sentence] reflects that there is no specific criminal punishment other than twice of a fine, the amount of damage, motive and circumstance leading to the crime, the defendant's age and happiness environment, etc.