A defendant shall be punished by imprisonment for four 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 August 8, 2008, the Defendant purchased a middle and high-speed car in the name of the Defendant’s deniedr, and entered into a loan transaction agreement with the Defendant to obtain a loan of KRW 17 million from the Defendant Hyundai Capital Co., Ltd. with a view to receiving a second and high-class loan of KRW 935,000 per month during 36 months.

However, at the time, the Defendant was in a situation that is economically difficult to repay the borrowed amount of KRW 3 million from a credit service provider under the name of the Defendant, and it was thought that the Defendant purchased a heavy vehicle and provided it as security to a credit service provider under the name of the above credit service provider. However, even if the Defendant purchased a heavy vehicle with a loan from the victim company, the victim company would not be able to have the victim company acquire a mortgage normally, and there was no intention and ability to properly repay

The defendant received KRW 17 million from the victim company as the purchase price for the second class, and paid it on the used cars, thereby acquiring financial profits equivalent to the same amount.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] General Fraud (the amount of less than KRW 100 million) in the mitigated area (one month to one year) [the special mitigated person] in a case where the risk of damage is not significantly realized (the decision of the sentence] in a case where the damage amount to the instant crime is not significant.

However, the decision is made in consideration of the circumstances favorable to the defendant, such as the fact that the defendant is against the defendant and there is no previous conviction, the risk of damage has not been realized significantly, and the motive and circumstances of the crime are considered.