A defendant shall be punished by imprisonment for six 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 November 6, 2013, the Defendant of criminal records was sentenced to imprisonment with prison labor for six months for a violation of the Game Industry Promotion Act in the Changwon District Court’s Tong branch branch branch on November 6, 2013, and the said judgment became final and conclusive on November 14, 2013.

Criminal facts

On June 28, 2013, the Defendant entered into a lease agreement with CK 9 with a lease period of 60 months, monthly rent of 1,350,800 won at the market price, and received the above vehicle by taking account of the following: (a) around June 28, 2013, the Defendant, at the sales agency of the Young-gu, Gwangju, a person in charge of the Plaintiff Hyundai Capital Capital Co., Ltd., who is an employee in charge of the Victim's personal business, may faithfully pay rent when the Defendant operates the personal business; and (b) by creating a mortgage on the vehicle with the victim company as the mortgagee, it would allow the use of the security right in the case of overdue rent, etc.

However, the fact that the business entity operated by the defendant is unlikely to yield profits because of the poor management situation, and there was no other property, so it is difficult to pay rent to the victim company even if the vehicle is leased from the victim company, and there was no intention to maintain the security value of the above vehicle with respect to the victim company.

As such, the Defendant, by deceiving the above-mentioned person in distress, received property from the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A copy of an application for vehicle lease, a copy of the certificate of vehicle receipt, a complaint, a copy of the order of modern capital vehicle lease, and the register of automobiles;

1. Before ruling: Application of Acts and subordinate statutes to criminal history records, investigation reports, and investigation reports (Attachment to judgment);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The confession and reflection of Article 62(1) of the Criminal Act, and the fact that there was no particular criminal record prior to the instant crime;