A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On April 4, 2013, the Defendant: (a) prepared a written installment financing and loan agreement on KRW 32,100,000 as the purchase price of vehicles between Hyundai Capital from the victim Hyundai Capital under the pretext of the Defendant’s purchase of HG car by the radio agency located in the Hannam-si Port (hereinafter referred to as the “YG”) and repaid the purchase price by installments, such as interest rate of KRW 7.9% per annum and interest rate of 60 months.”

However, since the monthly income and consumption between KRW 1 million and KRW 2 million at the time were almost identical and there was no additional income, the Defendant did not have any other ability to repay. After purchasing the said vehicle, he was expected to sell it and consume it, and he was given a loan under the pretext of starting the restaurant operation, and even if he was given a loan from the victim as the purchase price for the vehicle, he did not have any intent or ability to possess the vehicle or to repay it.

Nevertheless, the Defendant, as above, obtained property benefits by making the Defendant deposit of KRW 32,100,00 with the card payment from the victim around April 9, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Written complaint of modern Capital Capitals and C's statement summary;

1. Application form for part of a motor vehicle, motor vehicle register (A), claim list, and details of deposits;

1. Application of Acts and subordinate statutes to investigation reports, investigation reports, and investigation reports (verification of details of accounts of a suspect);

1. Relevant Articles of the Criminal Act and the reasons for sentencing under Article 347 (1) of the Criminal Act;

1. Application of the sentencing criteria [Determination of type] - In a case where the amount of less than KRW 100 million is less than KRW 100,000 (special-purposes) - In a case where a fraudulent act is committed with willful negligence in the mitigated elements of mitigation, or the degree of deception is weak (decision on the recommended area] mitigated area [the scope of recommendations] one month to one year

2. The Defendant, who committed the instant crime, did not fully compensate the victim for the damage, even though the Defendant, who committed the instant crime, caused the damage exceeding KRW 30 million.