A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

Around March 13, 2012, the Defendant concluded a loan agreement with an employee who is not aware of the name of the victim Co., Ltd. when purchasing one Lone Star car in the market price equivalent to 22.6 million won at a modern car luminous agency located in Seoul, and concluded a loan agreement with an employee with which the name of the victim Co., Ltd. is unknown., Ltd., and made a false payment of KRW 554,960 per month as principal and interest for the 36-month period.

However, as the Defendant had already been in excess of the obligation at the time, there was no intention or ability to pay the installment loan even if he purchased the vehicle and received the loan from the victim.

As such, the Defendant was paid KRW 18 million under the name of loans from the victim by deceiving the victim and allowing the victim to pay the above vehicle price of KRW 18 million to the Hyundai Motor Agent on the same day on behalf of the Defendant on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning B;

1. 계약상세, 상환스케쥴, 채권잔액조회, 입금내역, 오토할부(론)취급품의서, 국산차 할부약정서, 자동차등록원부 법령의 적용

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

1. Although the defendant in the suspended sentence of punishment under Article 62(1) of the Criminal Act was unable to obtain a loan even if he did not intend or have the ability to repay it, it is not good to commit the crime by promptly obtaining a loan as a motor vehicle purchase fund and acquiring the loan by deceiving it, but it is not good to commit the crime. However, considering the fact that there is no same record as the victim company, and other circumstances that are conditions for sentencing such as the defendant's age, character and conduct, environment, and circumstances after the crime