A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On March 24, 2014, the Defendant: (a) purchased one vehicle for Eenz S350 passenger cars from D’s employees, an importing vehicle selling company, at the office of “C Hospital,” the Defendant agreed to grant a loan of KRW 99 million to the employees of the victim Aju Capital Co., Ltd; and (b) repay the principal and interest of KRW 1,98,460 each month between 60 months and 60 months.

However, the defendant had an obligation to pay more than KRW 300 million in financial power, and even if he/she received a loan from the injured party due to the aggravation of the management status of the hospital working for him/her, he/she did not have an intention or ability to repay the loan.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) had the victim transfer the victim to the account in the name of D under the name of the loan around that time; (c) acquired pecuniary profits equivalent to the same amount; (d) sold the vehicle to a third party on April 17, 2014; and (e) paid only 10,249,411 won in installments on four occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. The details of receipt of complaint forms, the ledger of registration of each motor vehicle, the application forms to be entered, the summary thereof, the return forms, and the data on credit information A;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds that an agreement has been made with the victim and

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;