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

except that 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 February 17, 2014, the Defendant made a false statement to the victim C before the Seosan Elementary School located in the Seosan-dong, Busan Metropolitan Government, stating that “In the event that the Defendant would obtain a loan under the name of aner and purchase a vehicle and repay the card price with the money which sold the vehicle, the monthly loan will be paid.”

However, the fact is that at the time D has a debt of KRW 20 million, KRW 7 million, and approximately KRW 67 million, and approximately KRW 87,000,000,000 for other debt of credit card payment, and there was no intention or ability to repay even if they have been given a loan to the vehicle under the name of the victim.

As above, the Defendant, by deceiving the victim, received loan documents, such as a certificate of personal seal impression, from the victim, and borrowed 35 million won in the name of the victim on the same day, but did not pay installment payments, thereby acquiring the same amount of pecuniary benefits.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C (part);

1. Application of Acts and subordinate statutes to the application form for the Modern Capital, certificate of personal seal impression, automobile sales contract, investigation report (No. 17 No.);

1. Article 347 (1) of the Criminal Act applicable to the crime (the point of fraud and the choice of imprisonment);

1. Article 62 (1) of the Criminal Act (i.e., confession, portrait, details of crimes, etc.);