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 October 18, 2011, the Defendant applied for a loan of vehicle purchase funds to an employee of Hyundai Capital Co., Ltd., Ltd., a seller, through E, to purchase an automobile from the K7 car at the location of an automobile D, Young-gu, Young-si, Young-si to purchase an automobile at the location of an automobile D, and the Defendant paid KRW 913,866 each month between November 30, 201 and October 31, 201, for a loan of KRW 31 million.

Until the full payment of loans, a false statement was made to the effect that it would not transfer or lend the purchased vehicle to another person without permission of the company.

However, in fact, the defendant purchased the vehicle from the bond company to dispose of the vehicle as collateral in order to obtain the necessary funds from the bond company, and there was no intention or ability to repay the vehicle price according to the agreement.

As such, the Defendant enticed the employees of the Hyundai Capital Co., Ltd., and caused the victim Hyundai Capital Co., Ltd. to pay KRW 31 million in lieu of the vehicle price at around that time, thereby obtaining pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Partial entry of each police station and each prosecutor's office concerning the accused in the suspect examination protocol;

1. Statement made by the police with regard to F;

1. A complaint, written application for loans, details of deposits, statement of claims, and original register of motor vehicle registration;

1. Investigation reports (Attachment of results of search of prisoners and persons subject to investigation) and the application of Acts and subordinate statutes as a result of inquiry;

1. Article 347 (1) of the Criminal Act, the choice of punishment for the relevant criminal facts, the choice of punishment, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The sentencing guidelines [the scope of the recommended punishment] In the case where the person committed the act of deception with willful negligence in the area of special mitigation (one month to one year) (a special mitigation factor) (a special mitigation factor) or the degree of deception is weak, the amount of punishment not to be imposed or corresponding part is not imposed.