A defendant shall be punished by imprisonment for four 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

On May 28, 2013, the Defendant stated to the effect that “The Defendant would pay KRW 1,079,099 per month interest every 36 months from July 5, 2013 to June 5, 2016, to the employees of Hyundai Capital Capital Co., Ltd., who purchased D (H) Engine vehicles at the Gangseo-gu Seoul Metropolitan Government Agency Co., Ltd., for a total of KRW 35 million.”

However, on the other hand, while the Defendant’s debt amounted to KRW 14.8 million at the time, the music club operated by the Defendant did not make any profit in the state of deficit due to business depression, and since the Defendant’s investment shares were also economically difficult, such as continuous decline in market price, the Defendant did not have the intent or ability to pay the installments even if having received a loan from the victim as the purchase fund for the vehicle, and on the other hand, even if the vehicle was purchased with the above loan, it was thought that it was sold and commercialized and used as the stock investment and

The Defendant, by deceiving the victim as above, received KRW 35 million from the victim as a fund for purchasing cars on the same day, and acquired pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on loans, petition form, consultation sheet, application form for automobile installment, details of deposit, statement of claim details, and application of loan agreement;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and imprisonment;

1. Article 62 (1) of the Criminal Act;

1. In light of the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, in light of the fact that the nature of the crime in this case is not good and the amount of damage is considerable, etc., the defendant must be strictly punished. However, the fact that the defendant is divided into his/her mistake, that the defendant agreed with the victim (see the letter of revocation of the complaint filed in the name of the victim submitted on July 17, 2014), that it is the primary offender, the age, character and conduct of the defendant, and other matters.