A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On June 16, 2014, the Defendant purchased a Soa car (B) at the 10th floor of the Hyundai Capital Incheon, Bupyeong-gu, Incheon, Bupyeong-gu, 203-14 modern marine building at the 10th floor of the 10th floor of the marine building, and entered into a loan contract with the Defendant’s employees in charge of the 13,400,000 won to lend the said car from the Defendant Hyundai Capital Co., Ltd. on the 36th day of each month to pay the said amount in 372,222 won.

However, the defendant did not have the intention or ability to pay installments to the victim in excess of his/her obligation even if he/she purchased the above vehicle with the loan.

The defendant deceivings the victim as above and received 13,400,000 won as a loan immediately from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal complaint and a supplementary statement;

1. The motor vehicle registration ledger;

1. An application for the loan of modern capital;

1. Notice of transfer of claims and acceptance of entrustment;

1. Application of statutes on financial transaction status;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than ten years;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] fraud, general fraud, and Type 1 (less than KRW 100,00) (the scope of the recommended punishment] imprisonment for six months to one year and six months (the basic area);

3. Determination of sentence: The crime of this case committed by the defendant for six months in imprisonment and two years in stay of execution, but the nature of the crime is not good. However, it appears that the defendant recognized his mistake and reflects his depth, and that the extent of damage caused by the crime of this case is not so significant, and there is no significant criminal history exceeding the fine, and other conditions of sentencing indicated in the arguments of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc.