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

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

Punishment of the crime

1. CMW 530i vehicle fraud Defendant: (a) around July 13, 2016, to the victim D, an elementary school in the vicinity of the Bupyeong-gu Incheon, Bupyeong-gu, Incheon, for an elementary school, “on the face of a vehicle by borrowing it under the name of a width, the loan will be repaid.”

There is no problem in repayment.

The phrase “ makes a false statement.”

However, the defendant did not have any particular income, and even if he borrowed the vehicle under the name of the victim and purchased the vehicle, he did not have the intention or ability to pay the loan instead, for the reason that the debt exceeds about 15 million won.

As such, the Defendant: (a) by deceiving the victim; (b) purchased CMW 530i vehicles from the damaged party at the same time; and (c) did not repay KRW 7,800,000 to the vehicle purchase loan; and (d) acquired pecuniary benefits equivalent to the same amount.

2. On October 21, 2016, the Defendant related to Eenz S63 AMG vehicle fraud: (a) in the vicinity of the Bupyeong-gu Incheon Bupyeong-gu, Incheon, Seo-gu, Incheon, the Defendant belonged to the said victim D under the above water method; (b) purchased Eenz S63 AMG vehicles by lending the said name; and (c) did not refund KRW 30,000,000 for the purchase of the vehicle; and (d) obtained pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation / 【Scope of the recommended punishment / [one year] mitigated area of ordinary fraud (type 1) / [one year] Special mitigated person: the penalty is not imposed (i.e., November 6, 2018), and the motive and incomplete damage recovery is disadvantageous to the defendant.

However, in the light of the weight of the mitigated, the reflection of the justice, the degree of deception, the continuity of the work and the support relationship to which the defendant is appointed, the sole means of edification.