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.

Punishment of the crime

On February 22, 2013, the Defendant applied for a new installment loan on the condition of KRW 60 months of the loan period and KRW 953,905 of the monthly payment for the purchase fund for the single unit of the victim's Hyundai Capital Co., Ltd. in Seoul Special Metropolitan Gwangjin-gu.

However, in fact, even if the defendant purchased a car with the above loan, he was a plan to dispose of it and make it possible for him to do so, and there was no intention to actually operate it.

The Defendant, by deceiving the victim as such, obtained a loan of KRW 45 million from the victim as a fund for vehicle purchase on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes, such as an application for automobile installment and claim list;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the decision of a sentence] The reason for sentencing under Article 62-2 of the Social Service Order Act (the decision of a sentence] is a general fraud (the special person who is less than KRW 100 million): The mitigated element: the self-denunciation or internal corruption accusation [the range of recommending punishment] from January to 1 year [the mitigated element]: the serious half [the decision of a sentence], but the damage amount of this case does not have any damage recovery is disadvantageous.

However, the defendant, as a resident of North Korea, seems to have committed the crime of this case in order to hear the awareness that his family became forced due to the defendant's escape from North Korea, and escape therefrom. Of the criminal proceeds of 45 million won, 15 million won out of the criminal proceeds of this case, Brer paid to Brer to the North Korean Armed Forces through Brer and forced his parents to escape from committing a political offence. However, it is minor that his parents died due to his advisory postmary gift, etc., the defendant was the first offender and the suspension of prosecution.