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

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

Punishment of the crime

1. Around 14:00 on February 10, 2014, the Defendant stated that the Hyundai Motor Cagency in Gwangju-gu, Gwangju-gu, would lend KRW 30 million to D, a business employee belonging to the victim non-Espion Capital (hereinafter “Plaintiff”) to the effect that “The Defendant would pay back the amount of KRW 30 million with the interest of KRW 36 months if he/she loans to purchase another vehicle.”

However, at the time, the defendant was unable to pay the credit card price due to the reason that there was no other property or income, and the corporeal movables were provisionally seized, and there was no intention or ability to pay the installments properly even if the above loan was received due to the reason that there was no economic condition enough to suspend the mobile phone due to the overdue payment of the charges.

Nevertheless, the Defendant, as seen above, deceiving D by falsity, and obtained 30 million won as a loan from the victim company on the same day, and acquired it by fraud.

2. On February 18, 2014, the Defendant: (a) around 14:00 on February 18, 2014, at the office of “F” used vehicle sales company in Seo-gu, Seo-gu, Gwangju; and (b) at the office of “F” used vehicle sales company in Seo-gu, Gwangju; (c) at the victim Hyundai Capital Co., Ltd.’s office, the Defendant intended to purchase a 13.2 million won used vehicle

“.........”

However, at the time, the defendant did not have any other reason in the above economic situation, and even if he received the above loan, he did not have the intention or ability to pay the installments properly.

Nevertheless, the Defendant deceivings the above employees by falsity, and obtained 13.2 million won as a loan from the victim company on the same day, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. A copy of an application for vehicle purchase loan;

1. Application of Acts and subordinate statutes to a copy of an agreement of installment financing and misleading;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.