A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

Around August 22, 2013, the Defendant: (a) purchased a car from D Jong-gun, Seoul Special Metropolitan City (Seoul Special Metropolitan City), and (b) made a false statement to the vehicle seller E, stating that “A vehicle installment loan will be paid KRW 728,229 per month for 60 months per week from the 60th day of the year,” and (c) made a written application for a vehicle installment loan and had the E submit it to the employee in charge of loan where the name of the victim Hyundai Capital Co., Ltd. is unknown.

However, the Defendant did not have the ability to make an installment payment of KRW 728,229,00 per month when excluding the fixed costs from the revenues at the time of the receipt of the loan from the victim, and the Defendant did not have the intent or ability to make a payment even if he received the loan from the victim, because the Defendant was willing to sell the vehicle and make a cash loan after receiving the loan from the victim.

The Defendant, by deceiving the victim as above, received KRW 36,00,000 from the victim as a loan for installment capital around that time.

Accordingly, the defendant acquired the victim's property by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint;

1. Application for loans to each complainant, consultation sheet, information inside and outside of the examination team, details of requests, details of deposits, and provisions of the register of automobiles shall apply;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment;

1. Reasons for sentencing [the range of recommending punishment] under Article 62 (1) of the Criminal Act (the first offender, confessions, the fact that the defendant's credit standing is presumed to be negligent even for the victim who failed to properly grasp his/her credit standing, and circumstances that the defendant seems to make efforts to repay through individual rehabilitation procedures) of the Criminal Act (the range of recommending punishment] under the grounds for sentencing [the basic area (the period of less than KRW 100 million) (the period of six months to one year and six months) of the General Fraud;