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 of the final judgment.

Punishment of the crime

On December 1, 2011, the Defendant purchased a pair of chip sports vehicle B at the location of the Daegu Daegu and applied for a loan of KRW 21,200,000 to the victim Aju Capital Co., Ltd. for a loan of KRW 20,000,000,000 per month as if he had the said vehicle normally and was paid every 36 months as if he had the said vehicle in a normal manner.

However, in fact, the defendant purchased a vehicle with an installment financing loan, and then disposed of the vehicle immediately to use it for personal purposes, and did not have the intention or ability to complete the loan.

Nevertheless, the defendant had the victim pay 21,200,000 won in a pair of vehicles as the price for the vehicle, thereby having the victim acquire property profits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the complaint petition, installment financing agreement, and copy of the register of automobiles;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Reasons for sentencing under Article 62-2 of the Social Services Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Application of the sentencing criteria;

(a) Determinations: [9] Fraud, 01. General Fraud, [Type 1] below 100 million won;

(b) A special breeder: No person;

(c) General persons: No person;

(d) Scope of recommendations: Basic area, six months to one year and six months; and

3. Determination of sentence: Imprisonment with prison labor for eight months, suspension of execution for two years, community service, 160 hours [limited to reasonable circumstances] other than punishment for violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 198; there are no other criminal records; it appears that there are no other criminal acts other than the crime in this case; and it appears that there are considerable amounts of other loans, actually repaid, and there is no other ability to repay.