A defendant shall be punished by imprisonment for not less than eight 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 January 13, 2011, the Defendant stated to the effect that “The Defendant shall pay KRW 932,230 per month to the employees of the D Company, a partner of the Victim Capital Co., Ltd., located in Jinju-si, that “The Defendant shall pay KRW 932,230 per month for 24 months, so that the Defendant may purchase a heavy knish vehicle using the part of Ain capital.”

However, the defendant did not have the intention or ability to pay the installment even if he purchased the vehicle in installments.

As such, the Defendant, by deceiving the victim, had the victim pay the purchase price of 17 million won in the above-mentioned vehicle on behalf of the victim, and did not pay the purchase price of the above-mentioned vehicle, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of suspect E by the prosecution;

1. Each police interrogation protocol against the accused and F;

1. Each police statement made to G, E, and F;

1. A complaint;

1. A certified copy or resident registration abstract of the corporation;

1. A copy of a motor vehicle loan agreement, motor vehicle contract, motor vehicle registration certificate, certificate of automobile transfer, detailed statement of loan, claim deposit sheet, statement of receipt of principal and interest on each time discrimination, motor vehicle register, and credit information inquiry;

1. A copy of the registration certificate for loan brokerage business and the statement of transactions of entry and withdrawal;

1. A copy of a registration certificate, resident registration certificate, certificate of personal seal impression, loan certificate, letter, proxy letter, application for vehicle use, certificate of vehicle transfer, and vehicle operation permit, respectively;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment, etc. of materials);

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

1. Article 62 (1) of the Criminal Act on the stay of execution ( comprehensively considering overall circumstances, such as the absence of any record of punishment of imprisonment or heavier punishment, in addition to a fine, and the amount of damage in this case is relatively large);

1. It shall be so decided as per Disposition for the reasons under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;