A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant knew that it is not possible to obtain an automobile installment loan in his name due to bad credit, and tried to purchase an automobile by obtaining an installment loan in his name.

On December 31, 2012, the Defendant had B enter into a loan agreement with the victim Non-Wek Capital Co., Ltd. at the D office located in Daegu Dong-gu, Daegu-gu.

The content of the loan agreement was that the victim company loaned 9,900,000 won to B for the purchase price of E-Poter vehicle and the victim company would make a 398,349 won monthly installment repayment over 36 months.

However, the actual purchaser was the defendant, and at that time, the defendant was unable to obtain installment loans under his/her name because he/she was not good credit, and even if he/she was unable to obtain installment loans from the victim company due to the lack of money, there was no intention or ability to pay monthly payments as agreed upon.

The Defendant deceptioned a person in charge with whom the name of the victim company could not be known, and thereafter, he borrowed 9.9 million won from the person in charge of the above-mentioned vehicle purchase and acquired pecuniary profits equivalent to the above amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning B;

1. The police statement concerning F;

1. Application of the register of automobiles and the laws and regulations of loan application;

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

1. Article 62 (1) of the Criminal Act (i.e., confessions, reflects, the amount of damage is relatively large, the defendant has no record of punishment exceeding the fine, etc.);

1. Social service order under Article 62-2 of the Criminal Act;