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

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

Punishment of the crime

On November 5, 2013, the Defendant loaned KRW 19.2 million to an employee in charge of the victimized Company at the office of Hyundai Capital Co., Ltd., Ltd., Ltd., the victim located in the Seoul Metropolitan City as of November 5, 2013. On the other hand, the Defendant offered the said vehicle as security and paid KRW 727,311 per month, along with the interest rate of KRW 21.4% per annum for 36 months from December 5, 2013 to November 5, 2016.

“.....”

However, in fact, the defendant did not have any particular income at the time, and the debt was 20 million won, and the defendant thought that the above vehicle was provided as security for other debts immediately after it was granted a loan from the injured company and set up the right to collateral security against the above company, and therefore there was no intention or ability to repay the loan.

The defendant deceivings the victim as above, and he received 19,200,000 won of the loan from the victim and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint filed by a modern capital company;

1. Application of examination marks, contracts, register of automobiles, details of arrears, Acts and subordinate statutes;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of sentence recommended on the sentencing guidelines [the types of decisions] that have no amount of less than 100 million won [the scope of the recommended punishment] (the amount of the recommended punishment shall be not less than 6 months but less than 1 year and 6 months;

2. In light of the fact that the Defendant, who was sentenced to a sentence, did not have any particular change or repayment plan, prepared a security to provide a small loan from a lending company, and committed the instant crime, the amount of money obtained by the Defendant, and the Defendant did not pay any damage until the lapse of at least two years from the date of the crime, etc., the Defendant’s liability for the crime is not easy.

However, the defendant reflects his criminal act;