A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On February 9, 2012, the Defendant purchased a car at the location of the modern car head in Seongbuk-gu Seoul Metropolitan Government, and made a false statement to the employee in charge of the name in charge of the victim Aju Capital Co., Ltd. to lend KRW 37,300,000 to the employee in charge of the victim Aju Capital Co., Ltd. to repay KRW 909,720 each month with the agreement of 48 months on the face of the week.

However, since the defendant had a debt equivalent to KRW 1 billion at the time, and the defendant thought that he would immediately transfer the above car provided as security to another person, he did not have an intention or ability to repay even if he received a loan from the victim.

Nevertheless, the Defendant, as seen above, was informed of the victim company’s name infinite employee and was given KRW 37,300,000 as a loan from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint and a complaint;

1. Application for a written statement on the part of the issuer, a written agreement on the part of the issuer, the register of automobiles, and the details of receipt of principal and interest of disposable discrimination Acts and subordinate statutes shall apply;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Reduction area (one month to one year) (special mitigation area) mitigated in category 1 (less than 100 million won) (one month to one year) of general fraud, the scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence]; and

2. The suspended sentence shall be imposed in consideration of the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances after the instant crime, etc., and the suspended sentence shall be determined as per the order, in consideration of the following: (a) the Defendant, who made a decision on the sentence of this case, led to the confession and reflect of the instant crime; (b) the victim does not want the punishment of the Defendant by mutual consent with the victim; and (c) the Defendant does not have any other