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

On December 11, 2012, the Defendant stated that “Around 16, the Defendant would pay KRW 42,00,000,000 to purchase the said car under the name of the Defendant, for the 36-month period, on the 20th day of each month, if the Defendant borrowed KRW 42,00,000 to be used as the purchase price for the said car in the name of the Defendant’s company,” at the office of “new World Co., Ltd.” located in 16 as the Jacheon-si, Sacheon-si.”

However, in fact, the defendant thought that the defendant's husband would use the above car without any specific income, so even if he received money from the victim, he did not have the intention or ability to pay the money.

The defendant received 42,00,000 won from the victim as a loan on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to the details of loans, the details of receipt of the principal and interest of disposable discrimination, the register of automobiles, and the written application to be exchanged;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendation types based on the sentencing criteria, general fraud types 1 (less than 100 million won) and the basic area (from June to June) of the sentencing criteria: None of them;

2. Determination of sentence - Determination of disadvantageous circumstances: The fact that there is no agreement with the victim or failure to recover damage - favorable circumstances: The court shall determine the same sentence as the disposition, taking into account all the sentencing conditions shown in the records of this case, such as the defendant's age, family relation, motive, means and consequence of the crime, and circumstances after the crime.