A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On February 4, 2010, the Defendant was sentenced to imprisonment for a violation of the Petroleum and Petroleum Substitute Fuel Business Act at the Daegu District Court on August 4, 2010, and the execution of the said sentence was terminated on August 16, 2010.

On December 30, 2010, the Defendant: (a) purchased 35.45 million won of K7 car 1 car at the CGGGG agency located in Daegu-gu, Daegu-gu, and agreed to pay in cash the remainder of KRW 30,550,000,000,000,000,000 from Hyundai Capital Co., Ltd.; (b) prepared a loan application stating that “A loan of KRW 30,000,000 shall be repaid monthly 89,127,000,000,000 won, and submitted it to the victim via D through the said agency employees.”

However, even if the defendant purchased the above car, he thought that he would sell it immediately without the intention to operate, and thus, he was not a person subject to installment financing, and there was no intention or ability to repay the loan.

As such, the Defendant, by deceiving the victim as above, had the victim pay 30 million won on the same day to C corporation for the payment of motor vehicle price, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Before judgment: Application of criminal records and investigation reports, and Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, does not reflect the sentence after being sentenced to punishment, and commits again the crime of this case within the repeated crime period within the repeated crime period, the defendant disposed of the vehicle for five days only, paid three times in installments, and the remainder of the damage has not been paid up to the present day. The defendant escaped during the trial, the motive and background of the crime of this case, the means and method thereof, the circumstances before and after the crime, and the age, character and conduct of the defendant as shown in the argument of this case.