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

1. On November 15, 2016, the Defendant concluded a loan contract with the content that the Defendant purchased a D SP car from “C” in Bupyeong-si B Trading Complex (C) around December 15, 2016, by borrowing KRW 21.8 million from the victim EF Savings Bank through a staff-in-charge in charge of the said location, and repaid the said amount to KRW 765,350,000 each month between 36 months and 25.

However, the defendant did not have any intention or ability to repay the above automobile loans according to the agreement, because the defendant is in an economic difficult situation.

The defendant deceivings the victim as above, and he received 21,80,000 won as a loan immediately from the victim and acquired it by fraud.

2. On November 18, 2016, the Defendant: (a) registered the creation of a mortgage on the said car as the Defendant to secure the said loan; (b) KRW 21.8 million on the said car; (c) the creditor bank; and (d) the creditor bank; and (c) the debtor.

Nevertheless, the Defendant refused the victim’s demand for return of the said vehicle by failing to reside at the registered domicile at the time of the failure to pay the principal and interest of the loan, and by avoiding the contact with the E-K Savings Bank, the victim was unable to know the location of the vehicle, thereby hindering the victim’s exercise of rights by concealing the vehicle that became the object of the mortgage.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes, such as replies to a written request for provision of credit information, application for loans, ledger of automobile registration, details of repayment of loans, and notification of loss of time limit;

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 323 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act (the following sentence grounds are favorable.