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

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

Punishment of the crime

[Criminal Power] On January 24, 2014, the Defendant was sentenced to imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Central District Court on August 24, 201, and two years of probation

2. 4. The above judgment became final and conclusive, and on August 18, 2015, the Seoul Southern District Court sentenced two years of suspension of execution to eight months of imprisonment due to fraud, etc., and the said judgment became final and conclusive on the 26th of the same month.

【Criminal Facts】

On May 16, 2013, the Defendant entered into a contract for installment purchase loans on the condition that the Defendant would purchase to a staff member in charge of the name in charge of Hyundai Capital Co., Ltd. in order to possess a 7 vehicle in Songpa-gu Seoul, Songpa-gu, Seoul, to pay KRW 33 million every month 732,401 for 60 months.

However, in fact, the Defendant had sold an automobile immediately through installment loans, and was thought to be appropriated for the cost of living with the proceeds from the sale. There was no profit in the absence of a certain occupation at the time, and there was no intention or ability to repay the loan for installment purchase because the obligation borrowed under the lease of the benz passenger car was 90 million won.

The defendant had the above employees of the victim company pay 33 million won of the purchase price of the above vehicle on behalf of the victim company, thereby acquiring property profits equivalent to the above amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A complaint;

1. Application form of an automobile, details of payment, claim list, register of automobile, certificate of employment, guidance for loss of time limit;

1. Each investigation report (in respect of a suspect's workplace, a suspect's office, the fact of correction of the suspect's name for the E-vehicle owner);

1. Previous records of judgment: A criminal investigation report, judgment, statement of criminal records, inquiry report, and application of Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crime (the point of fraud and the choice of imprisonment);

1. The latter part of Article 37 of the Criminal Act for the treatment of concurrent crimes;