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

피고인은 2016. 7. 26. 경 인천 서구 봉수대로 158 1 층에 있는 주식회사 뉴런 네트 웍스 사무실에서, 피해자 메리 츠 캐피탈 주식회사의 제휴 점인 주식회사 뉴런 네트 웍스의 성명 불상 직원에게 중고 벤츠 차량 구입자금을 대출해 주면 매달 할부금을 납부할 것 같은 태도를 보이면서, 피해 자로부터 42,900,000원을 대출 받되, 2016. 8. 21. 경부터 48개월 간 매달 1,213,602원을 납부한다는 내용의 대출계약을 체결하였다.

However, in fact, the defendant had a large amount of personal debt at the time, and the monthly wage was seized, and there was no intention or ability to pay installments even if he/she received a loan from the injured party due to no particular property.

On July 26, 2016, the Defendant, by deceiving the victim, had the victim transfer the amount of KRW 42,900,000 to the seller of the above medium benz vehicle, and acquired pecuniary profits equivalent to that amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of an application for a motor vehicle financial product, an erroneous agreement, a motor vehicle registration ledger (A), a notice of overdue loss (a termination of a contract), and the application of statutes on the status of receipt;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Sentencing criteria: Type 1 (less than KRW 100 million) in the basic area (from June to June) of the general fraud; and

2. In light of the methods of committing the instant crime and the amount of damage, the nature of the instant crime is not good and there was no agreement with the victim.

Accordingly, the defendant is sentenced to imprisonment.

However, it is advantageous to the fact that the defendant recognized the crime, and the victim recovered about about 29 million won through the public auction after the return of the defendant's vehicle, and the defendant deposited 1.5 million won for the victim and did not have the same power.