A defendant shall be punished by imprisonment with prison labor for up to 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

On July 4, 2012, the Defendant made a false statement that “The Defendant would pay 1,028,239 won each month in installments every 60 months to the business personnel who purchased the NAS vehicle at the Seoul metropolitan sales agency located in Ulsan-gu B, Ulsan-gu, and who could not know their names while purchasing the NAS vehicle.”

However, the fact was that even if the automobile was purchased by the installment, it was planned to dispose of it and to be commercialized immediately, and on June 30, 2012, there was no intention or ability to pay monthly installments in the absence of any other income since the business closure of D operated by the defendant was closed.

As above, the Defendant, by deceiving the above business members, entered into an automobile installment contract purchasing KRW 50,00,000 with the principal to be paid for the vehicle 1 unit for the vehicle 50,000,000, and the installment period of KRW 60 months with the above business members. The Defendant acquired financial benefits equivalent to the same amount by failing to pay the principal and interest of KRW 48,669,089 as the purchase price for the said vehicle, and by failing to pay the principal and interest of KRW 50,000 for the said vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A complaint, an application form for the discount of Hyundai Capital, details of deposit, a claim list, a register of automobiles, a copy of passbook, inquiry of business registration status, and a certificate of value-added tax base;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Fraud (less than KRW 100 million) is mitigated (one month to one year) (special mitigation) or where considerable damage has been recovered [decision of sentence] that the defendant is against himself/herself while committing the crime; that the defendant has no previous conviction; that the defendant has paid full amount of damage; that the defendant has paid full amount of damage; that is, the defendant's age, character and conduct, environment, and circumstances after committing the crime.