A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On November 29, 2012, the Defendant purchased one motor vehicle of the Aeronautical Motor Vehicle Gwangju branch located in Nam-gu, Gwangju, in 2012, in the purchase price of KRW 33,370,00,000, out of which 32,000,000 is to be loaned from the victim Korea-based socialist. However, the Defendant entered into a new installment agreement with the content that the principal and interest shall be repaid in installments each month for 60 months.

However, at the time of fact, the Defendant was in arrears with the amount of tax equivalent to KRW 23 million, and was in excess of the obligation, such as the Industrial Bank of Korea, the East Lifelong, and the Hyundai Capital Capital, etc., even though there was a loan obligation equivalent to KRW 300 million in total, but the interest was not paid properly. From the beginning, the Defendant purchased the said vehicle from the beginning as a plan to secure the said vehicle to borrow the amount of KRW 15 million. Therefore, there was no intention or ability to pay the monthly installments to the victim company properly.

Nevertheless, the Defendant entered into a new installment loan contract with the victim company as if he would pay the principal and interest in a normal way, and it had the victim company pay 32 million won for the vehicle sale, thereby acquiring property profits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 347 (1) of the Criminal Act applicable to the crimes. Article 347 (1) of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the fact that there is no previous conviction for the defendant, the failure of the victim to conduct a loan examination has caused this case, the crime of this case is considerably intentional, and the damage has not been recovered);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;