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 May 27, 2013, the Defendant, a partnership store of the victim Hyundai Capital Capital Co., Ltd. located in Gangseo-gu Seoul Metropolitan Government, concluded that the Defendant would have borrowed the above KRW 15,900,000 from the victim on the condition that the Defendant would pay 36 months of the loan period, the monthly payment of KRW 64,014, the loan interest rate of KRW 26.40, the loan interest rate of KRW 26.40, the loan interest rate of KRW 29.00,00 from the victim on the condition that the Defendant would repay the loan by equal repayment of principal and interest.

However, in fact, the defendant concluded the above loan agreement to seek living expenses due to the lack of income at the time, and did not think that he would actually hold the above Accus car and did not have any intention or ability to repay even if he received the loan.

After entering into a loan contract with B, the Defendant had the victim provide the amount of KRW 15,900,000 of the loan to the seller of the vehicle for Cub and acquired profits equivalent to the same amount on the same day.

In this respect, the defendant, by deceiving B, obtained the benefit equivalent to the same amount from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

1. Application of the Acts and subordinate statutes of mid-term installment, register of automobiles and list of claims;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Taking into account the agreement with the victim on the reason of sentencing under Article 62 (1) of the Criminal Act and the initial crime committed;