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

The Defendant was not an employee of the Company B as a worker of one-time work, and was urged to pay KRW 26,00,000,00 without any particular property or income, and thus, the Defendant did not have any intent or ability to obtain a loan from the Defendant Hyundai Capital Co., Ltd. and did not intend to establish a right to collateral security on a motor vehicle purchased by the victim, despite that he did not intend to do so, the Defendant deceiving the victim to obtain a loan for motor vehicle purchase and purchased a motor vehicle, and sold the motor vehicle to a third party, and then did not pay the loan to the victim.

On September 2, 2010, the Defendant made an application for a loan of vehicle purchase funds at the (State) A car D agency located in the Seogu-gu Seoul metropolitan month, and submitted it to the victim Hyundai Capital Co., Ltd., the Defendant made a false statement that “B is an employee of the business department B, who is an employee of the company of Hyundai Capital Co., Ltd., and attempted to purchase 7.5 million won as the vehicle price. The Defendant made a false statement to the effect that “B will pay 7,000 won monthly 714,760 won and set up a collateral security right on a vehicle for 60 months.”

After deceiving the victim as such, the Defendant received 32,50,000 won as a loan from the victim on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The crime is not good in light of the fact that the reason for the fraud of sentencing under Article 62-2 of the Social Service Order Criminal Act is not so big, and that the damage has not been repaid.

Provided, That this shall also apply to automobiles following the execution of security loans as victims.