A defendant shall be punished by imprisonment for six 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

The defendant obtained a loan from the victim Hyundai Card Co., Ltd., in order to purchase a vehicle and sell it immediately and acquire the proceeds.

On March 15, 2017, the Defendant purchased E mother freight cars from the perspective of Dhonam in Gwangju Mine-gu, Gwangju, the Defendant purchased a vehicle from the victim to the person in charge of loan business, and applied for a certain loan even if he applied for a loan.

However, as seen above, the Defendant was thought to have sold the vehicle immediately after purchasing the vehicle, and the Defendant had no intention or ability to pay the card price to the victim because of the fact that there were many circumstances such as not being able to repay the principal and interest of the previous loan due to the difficulty in the singing room business operated at the time.

Nevertheless, the Defendant: (a) by deceiving the victim; (b) purchased the Defendant’s cargo vehicles from D salesman F at the above time and place; (c) paid the vehicle price with the Hyundai Card which increased the lending limit; and (d) failed to pay the vehicle price of KRW 47 million,500,000; and (c) thereby acquiring pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Investigation report (verification of counter-party to complainants - The loan process for this case);

1. Application of Acts and subordinate statutes to a certificate of receipt of a modern card, each motor vehicle registration ledger, credit card members information, and each search and seizure warrant execution result (including card establishment information, debt guarantee information, and overdue information from January 2014 to October 1, 2017);

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 ( considered favorable circumstances among the following grounds for sentencing)

1. Scope of applicable sentences under law: From one month to ten years of imprisonment;

2. The scope of the recommended punishment on the sentencing guidelines [the type of determination] [the scope of the recommended punishment [the scope of the recommended punishment] set forth in type 1 (less than KRW 100 million] [the person subject to special sentencing] is the mitigated area.