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

Punishment of the crime

[Criminal Power] On April 18, 2012, the Defendant was sentenced to three years of suspension of execution on two years of imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a collective crime, a deadly weapon, etc.) in the vice branch of the Incheon District Court. The judgment on April 26, 2012 became final and conclusive.

【Criminal Facts】

On April 4, 2013, the Defendant made a false statement to the effect that “D” located on the first floor of Seongdong-gu Seoul Metropolitan Government B market C, would pay KRW 28.7 million per annum 14.9% per annum for 36 months, and KRW 93,490 per month by equal repayment method of principal and interest.”

However, in fact, the defendant did not actually intend to operate the above vehicle, but purchased the above vehicle by means of installment loan from the victim, and sold it immediately and intended to prepare cash, and there was no intention or ability to pay the installment normally while the debt at the time reaches at least KRW 100 million, but there was no intention or ability to pay it normally.

Nevertheless, as seen above, the Defendant: (a) concluded an automobile installment contract, which was purchased at 36 months in the installment period, by deceiving the victim as above; (b) caused the victim to pay for the purchase price of the said car; (c) caused the victim to pay for the purchase price of the said car; and (d) thereby acquiring property benefits equivalent to the said amount by failing to pay the purchase price.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application for and agreement on loan, motor vehicle registration certificate, motor vehicle transfer certificate, credit information details, each motor vehicle register and power of attorney; and

1. Previous convictions: The results of inquiry and the application of Acts and subordinate statutes concerning investigation reports (Attachment of judgment of stay of execution);

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The types of recommendations according to the sentencing criteria.