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

Punishment of the crime

On March 29, 2013, the Defendant entered into a contract to purchase a rocketing vehicle with the market price of 30,470,000,000,000 at the reverse33 agency of the Young-dong, Seocho-gu, Seoul, Seocho-gu, Seoul, and received KRW 32,00,000,000 for vehicle purchase by submitting the contract to the victims Hyundai Card Co., Ltd., and received the above vehicle on April 1, 2013, by presenting the Hyundai M3 Credit Card in the name of the Defendant on the same day.

However, the defendant did not have an intention or ability to settle the above price due to the lack of a certain amount of income as well as property under the name of the defendant.

Around April 1, 2013, the Defendant: (a) by deceiving the victim company; (b) caused the victim company to pay the said KRW 304.7 million on behalf of the victim company; and (c) did not pay the said amount, thereby obtaining pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. The police statement of M;

1. A complaint;

1. A motor vehicle sales contract, family relation certificate, and resident registration certificate, respectively;

1. A copy of an application form for membership, register of automobiles, inquiry into application for membership, inquiry into specific application details, inquiry into personal general transaction, and inquiry into the details of deposits on cards;

1. Inquiries about short-term overdue history, inquiries about the details of overdue record of the Federation of Banks, inquiries about the confirmation of each person's loans, inquiries about the details of requests, vehicle acceptance certificates, and inquiries about the payment details of vehicle bills;

1. Application of Acts and subordinate statutes to investigative reports (including statements of vehicle sales business operators and employees);

1. On February 22, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and two years of suspended execution in the Chuncheon District Court on February 22, 2012, and committed the instant crime during the suspended period. The victim’s damage has not been recovered until now, and other reasons leading to the Defendant’s instant crime.