A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Criminal facts

On May 27, 2013, the Defendant received KRW 2850,000 from the Hyundai Capital Co., Ltd. of the victim Hyundai Capital for the period of the installment loan of KRW 2,850,000 from the Hyundai Capital Co., Ltd., and the period of the installment contract fixed on May 25, 2018, the Defendant provided CK7 car owned by the Defendant as a security and completed the establishment of a mortgage on the mortgage for the victim as the mortgagee at the time of payment of maturity.

However, in fact, the Defendant was in need of urgency at the time, and it was thought that the vehicle purchased by the installment with the above loans would have been over 3 million won as broker D, broker, and would have been over broked by the broker, and there was no intention or ability to repay the loan to the victim due to other debt equivalent to 10 million won.

Nevertheless, the defendant deceivings the victim as above and paid only one installment of 931,704 won, from among the 28.5 million won of the vehicle that he received from the victim, and did not pay 27,568,296 won of the remaining loans.

Accordingly, the defendant, by deceiving the victim, acquired property benefits equivalent to the above amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to publicly notify the transfer of bonds, petition form, consultation slip, written application form, seal imprint certificate, notice of transfer and consignment of bonds, the register of motor vehicle registration, partial certificates of registered matters, proof of contents, and public notice of transfer

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Type Decision] - Class 1 (under KRW 100 million) [Special Sentencing Person] - [Determination in the sphere of recommendation] mitigation area / [Scope of recommendation] 1 month to 1 year [limited to general sentencing person] - there is no record of execution of sentence for the purpose of basic livelihood and treatment expenses of mitigation elements / there is no record of serious reflect criminal punishment / Major reasons for suspension of execution / There is no record of positive non-exclusive criminal punishment - there is no record of positive non-exclusive criminal punishment. General reasons for non-taxation: positive basic.