A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On January 30, 2015, the Defendant applied for a specific limit of KRW 30,00,000 by using a loan application system for the purchase of vehicles that temporarily increases the payment limit of credit cards only for the purpose of the purchase of vehicles when the Defendant settled with the Hyundai Card Co., Ltd. issued by the victim Hyundai Card Co., Ltd. in order to purchase modern vehicles.

However, in fact, the Defendant purchased an automobile by using the above specific limit, and immediately sold it, and was able to obtain a large amount of loan even if he was able to use it in repayment of his personal debt. Since there was no intention or ability to pay the card price in arrears of KRW 85,938,00 before and after March 10, 2015, which was the first settlement date of the purchase price of the vehicle, due to the excess of the obligation at the time, there was no delayed payment of KRW 85,938,00,00.

On February 3, 2015, the Defendant, by deceiving the victim and granting a specific limit of 30,000,000 won, used the full amount to pay for the purchase price of the No.N. car, and disposed of the No.N. car to E on the following day.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing of Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] general fraud [Article 62(1) of the Act on the Suspension of Execution [the scope of recommendation] where the mitigation area (one month to one year] [the person with a special mitigation] is not a punishment, or where considerable damage was restored [the decision of sentence] is not good in light of the content of the instant crime and the applicable law, while the Defendant is against his mistake, and the victim and the victim are forced to be only.