A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On April 28, 2015, the Defendant was sentenced to four months of imprisonment for fraud, etc. in the Chuncheon District Court's original branch, and the judgment became final and conclusive on February 25, 2016.

Around July 12, 2013, the Defendant entered into a contract on the application of the Hyundai Capital Division with the victim company for a loan of KRW 41 million between the victim company and the victim company through Hyundai Capital Capital Party B, Inc. at the location of the Hyundai Capital Group in Gangnam-gu Seoul, Gangnam-gu, Seoul, to divide KRW 634,528 every month for 36 months.

However, the defendant did not have any particular property at the time, and the accumulated financial institution's liabilities were approximately KRW 70 million, and is urged to pay for the loan of KRW 34,943,00 as the purchase price of the automobile at around that time. Since the defendant received a loan of KRW 34,943,00 from the victim company, even if he borrowed money from the victim company, he did not have the intent or ability to repay it. In particular, even if he purchased the above AF car, he did not think that he would immediately dispose of it and make a loan to others, and did not think that he would actually operate the automobile.

Accordingly, the Defendant, as above, by deceiving B, who is an employee of the victim company, received 41 million won from the victim company on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal complaint and a supplementary statement;

1. An application form to be filed, a copy of resident registration certificates, a motor vehicle registration ledger, etc.;

1. High Court Decision 1035 High Court Decision 2014 High Court Decision 1035 High Court Decision;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to a reply to inquiry, such as a report on investigation (the confirmation and copy of the judgment of the relevant case), assistance in Chuncheon original district, 2014 ancient district, 1035 ancient district, and criminal history;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The defendant's mistake in sentencing of Article 62 (1) of the Criminal Act is recognized.