A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

Around October 15, 2012, the Defendant: (a) purchased HG vehicles C in Hyundai Motor Co., Ltd. located in Sungpo-dong, Seopo-dong 593-6, Sungpo-dong; (b) requested D in charge of loan for a loan of an amount of 33,400,000 won; (c) paid 80,716 won monthly interest during 12 months from November 15, 2012 to October 15, 2013; and (d) agreed to repay the principal amount of 33,40,000,000 won as a lump sum on October 15, 2013; and (d) purchased the said vehicle.

However, since the defendant applied for a loan of vehicle purchase funds to the victim for the purpose of financing, even if he purchased a vehicle with a loan from the victim, he did not have the intention or ability to hold the vehicle, and did not have the intent to repay the loan.

Accordingly, the Defendant, as above, by deceiving the victim, obtained a loan of 33,400,000 won from a mountain agency in the above Hyundai Motor (State) around October 16, 2012 from the victim, and paid it to the Hyundai Motor (State) as the purchase price for the vehicle, thereby obtaining the corresponding amount from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Application of a complaint filed by the F, a review slip, a written application for installment of a motor vehicle, a motor vehicle registration certificate and Acts and subordinate statutes;

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

1. Although the defendant and his defense counsel alleged that they had no criminal intent to acquire by deception at the time of the above crime, the following circumstances recognized by each of the above evidence are acknowledged as follows: (i) the defendant is not only at the time of receiving the above vehicle purchase price from the victim, but also at the present time of receiving the above vehicle purchase price, and (ii) the defendant is not capable of paying the above vehicle purchase price.