A defendant shall be punished by imprisonment for 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 May 25, 2012, the Defendant: (a) purchased one vehicle from BMW 2, 83-1 in the office of the Ccompany in Jung-gu Seoul Central District, Jung-gu, 83-1, and concluded a new installment contract with KRW 60 months between the victim Hyundai Capital Co., Ltd. and the victim Hyundai Capital Co., Ltd., with a view to purchasing one vehicle for white BMF 2, 2000 and paying the installment in good faith; and (b) concluded a new installment contract with KRW 63,00,000, 1,466,54, such as the repayment of principal and interest.

However, the facts are that the Defendant applied for installment financing loans with the intention to lend the form of the installment financing loan, without the intention to purchase and hold a new car, and there was no intention or ability to pay the installment payment normally.

The Defendant, by deceiving D as such, got D to receive KRW 63,00,000 from the victim Hyundai Capital Co., Ltd. to receive KRW 63,00,00 as a loan for automobile installment, and acquired pecuniary benefits equivalent to the same amount by receiving delivery of the said vehicle.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement to E by the police;

1. Automobile register;

1. Application for a motor vehicle transfer certificate, application for part of a motor vehicle moving from Hyundai Capital, and application for a transfer registration of ownership;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended execution [the decision of type] of punishment under Article 62(1) of the Criminal Act where a person commits a deceptive act of less than KRW 100 million (special-purposes): In a case where a person intentionally commits a deceptive act of less than 100 million won, or where the degree of a deceptive act is weak [the decision of the recommended field] mitigation area (1-1 year), [the general person] mitigation area (1-1 year): There is no past record of criminal punishment [the main reason for suspended execution]. The case where a person intentionally commits a deceptive act of less than 100 million won.