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

Punishment of the crime

On September 7, 2017, the Defendant purchased a car under the name of C B, a company director Co., Ltd., a single in-house director, and applied for a loan to the victim D Co., Ltd. as if the Defendant actually operated the said car, as the Defendant would operate the said car.

However, the defendant had no intention to hold the above car normally, and the defendant purchased the above car with the loan from the victim and again planned to provide the loan as a collateral for the loan, so there was no intention or ability to repay the loan.

On the same day, the Defendant received from the victim the transfer of KRW 55,840,00 to the F Bank Account (Number: G) in the name of the E-bank in the name of a loan.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial entry of the police suspect against the defendant in the protocol of suspect interrogation;

1. The police statement of H;

1. Application of Acts and subordinate statutes to a complaint, written application for loans and written agreements, register of automobiles, details of collection activities and certification of details, sales contract of automobiles, investigation report (Hearing of statements of witnesses);

1. The defendant and his/her defense counsel asserts that the pertinent provision of the criminal facts, Article 347(1) of the Criminal Act regarding the selection of punishment, the defendant and his/her defense counsel's assertion regarding the defendant who choose to imprisonment with labor and his/her defense counsel did not deception the victim, nor did they have intention to commit fraud

The following circumstances acknowledged by the evidence duly adopted and examined by the court (i.e., the Defendant purchased the instant vehicle for the sole purpose of providing money from I, and solely purchased the instant vehicle for the purpose of providing money. Of the terms and conditions of the instant vehicle installment contract notified by the victim at the time, “in the event of voluntary disposal, such as transfer or rental of the vehicle,” it is “assumed.”