Defendant shall be punished by a fine of two million won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On May 30, 2016, the Defendant: (a) at the (ju) C agency located in Incheon B’s motive; (b) tried to purchase the D bargaining car by posting a phone to the victim (the victim) Hyundai Capital; and (c) loaned KRW 8.3 million from May 30, 2016 to June 1, 2019, the Defendant told the Defendant to pay KRW 325,197 on the first day of each month from May 30, 2016 to June 1, 2019.

However, in fact, the Defendant planned to provide the above vehicle with the above vehicle 2 million won as a collateral repayment to E, and on the other hand, the Defendant bears approximately KRW 35 million, and thus, there was no intention or ability to repay the loan even if the Defendant received the above loan from the injured party.

Nevertheless, the Defendant made a false statement to the victim, and caused the victim to pay KRW 8.3 million to the Hyundai Motor on May 30, 2016, thereby obtaining pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made to F in the police statement protocol;

1. Application of each Act or subordinate statute of the record of investigation report (suspect A and witness E phone investigation), details of personal credit information, loan contracts on capital loan, automobile registration certificate, original register of automobile registration, etc., inquiries about short-term arrears, and requests list;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are favorable to the defendant, such as the fact that the defendant acquired 8.3 million won from the injured party, but the amount acquired by the defendant was not a large amount, the injured party fully repaid the amount of damage, and the injured party expressed his intention not to punish the defendant, and there is no punishment heavier than the punishment imposed by the defendant for the same kind of crime, shall be considered in light of all the sentencing conditions that are favorable to the defendant, such as the defendant's age, sexual behavior, and circumstances after the crime.