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 of the final judgment.

Punishment of the crime

On June 28, 2013, the Defendant: (a) purchased HG car at the port of delivery of Hyundai Motor Vehicles (318-1, 32,300,000 won in the Han-gu, Young-si; and (b) drafted an application for the part of Hyundai Capital Loan Co., Ltd. to the effect that “I want to purchase a vehicle at a vehicle rate. I want to pay KRW 653,383 per month from June 28, 2013 to June 60”, and (c) drafted an application for the part of Hyundai Capital Co., Ltd.

However, in fact, the Defendant did not intend to own a car with the intent to dispose of it immediately to purchase the car in order to pay the Defendant’s debt and to raise the Defendant’s husband’s criminal case agreement amount, and did not have any particular income at that time. On the other hand, the card price for each month is equivalent to 300 to 5 million won, and the cost of living was paid in an amount equivalent to 1.2 million won, so even if the installment was extended, there was no intention or ability to pay the installment like the agreement.

Ultimately, the Defendant, by deceiving the victim as above, had the victim deliver 32,300,000 won of loans from the victim to the port of delivery of Hyundai Motor Vehicles at around that time, and acquired the above 32,300,000 won proprietary benefits by receiving the franchise from the point of delivery on July 1, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A copy of an installment contract;

1. Copy of deposit statement;

1. Application of Acts and subordinate statutes concerning specification of transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 201Do1148, Apr. 1, 2011);

1. Social service order under Article 62-2 of the Criminal Act;