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 this judgment becomes final and conclusive.

Criminal facts

On November 24, 2011, the Defendant made a false statement that, “The Defendant would pay KRW 687,734 per month for 48 months from December 25, 2011 to November 25, 2015, every 687,734, every month, if he/she borrowed the purchase price to purchase the franchise and to purchase the vehicle normally to an employee under the name of the injured party (the injured party) W.”

However, in fact, the defendant did not receive a loan for the purpose of owning a motor vehicle, but did not have any income from a certain occupation and purchased a motor vehicle and then purchased a motor vehicle and disposed of it, and even if he received a loan from the victim, he did not have the intention or ability to repay the loan.

The Defendant, by deceiving the victim as above, caused the victim to pay 29 million won as the purchase price of the vehicle on behalf of the Defendant to the influent car trade name that the Defendant purchased the said vehicle on the same day, and acquired financial benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the complaint (including attached documents);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of recommending punishment] General Fraud (less than 100 million won) / None of the basic sphere (six months to one year and six months) [the circumstances considered] - Basic matters: The details and method of committing the crime, the amount of damage, etc. - favorable circumstances: the details and method of planning and leading the crime; the amount of damage; the victim appears to have another force; and the victim also committed an error of obstructing credit loans by neglecting the examination of the repayment ability, etc. [the decision of sentencing] Imprisonment with prison labor for eight months; the suspension of execution two years;