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

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

Punishment of the crime

On January 7, 2015, the Defendant concluded a contract for the purchase of a vehicle to repay the purchase fund of KRW 1,026,40,00 from February 5, 2015 to April 47, 2017 in order to pay the principal and interest of the vehicle by dividing the purchase fund of KRW 42,30,00 to the damaged person through the staff-in-charge who is aware of the fact in charge of the purchase of the vehicle in the middle and the middle and high-class 108-dong 1,00,000, in the middle and high-class 1,026,407.

However, the facts do not mean that the Defendant intended to purchase the foregoing vehicle for the purpose of operation, but did not think of financing from the beginning by means of the 'explosper tin', which is a prompt term of disposing of it and is commercialized. Moreover, there was no particular revenue or property at the time, while there was no intention or ability to repay the principal and interest of the loan in accordance with the agreement with the victim, since the obligation reaches KRW 40 million.

As such, the Defendant, by deceiving the victim, entered into the above loan contract with the victim, and acquired the above vehicle price of KRW 42,300,000 by borrowing it.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the complaint (including attached data);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Taking into account the following circumstances as the reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below), and other various sentencing conditions as set forth in Article 51 of the Criminal Act, such as the Defendant’s age, sex behavior, environment, motive and circumstance leading up to the instant crime, means and consequence of the instant crime, the circumstances before and after the instant crime, etc., the sentence of imprisonment with prison labor for the Defendant is more likely to be isolated from society for a long time.