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

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

Punishment of the crime

On May 8, 2014, the Defendant purchased AVNT Ma16 GDDDD vehicles, and entered into an agreement for automobile installment financing with the content that the Defendant borrowed 19,000,000 won from AVE Co., Ltd. for a period of 60 months on the condition that the Defendant would pay in installments the principal and interest of 7.5% per annum for the 60-month period, and that the victim would be a mortgagee (the value of 19,000,000 won is the value of bonds) as the mortgagee of the said vehicle.

However, in fact, from the beginning of 2014, the Defendant entered a casino, while making a taxi operation during the said period, was sleeping all the property gathered and being sprinked, and the income of the taxi driver alone is economically difficult to pay the automobile. In the situation where the said vehicle is not actually purchased for the purpose of operating the said vehicle, but the Defendant purchased the said vehicle with the loan from the injured party, and then immediately purchased the said vehicle to raise the money for gambling, and did not have the intent or ability to pay the installment to the victim.

The defendant deceivings the victim as above and received KRW 19,00,000 as a loan from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of an agreement of installment financing, an automobile registration ledger, and an Act and subordinate statutes making inquiries about the balance of claims;

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

1. In consideration of the sentencing of Article 62-2 of the Social Service Order Criminal Act [the scope of recommendation] general fraud [the scope of recommendation] that there is no basic area (6 months to one year and six months) [the person subject to special sentencing] [the decision of sentence], but the defendant is in a profoundly against the defendant's mistake, there is no record of punishment for the same kind of crime and there is no record of punishment after around 2000.