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 of the final judgment.

Punishment of the crime

On June 17, 2011, the Defendant made a false statement to the effect that “The Defendant would faithfully pay 28,700,000 if the Defendant borrowed KRW 28,70,000, which is equivalent to the purchase price of the vehicle, to the employees in the name of the victim Hyundai Capital Co., Ltd., a partner store of the victim Hyundai Capital Co., Ltd., located in 102, the Busan Annual Year 4,578-6, Busan High High School Trading Complex.”

However, in fact, the defendant was in collusion with the name-free loan hub, and in fact there was no plan to purchase the above vehicle, and there was no intention or ability to pay the agreed amount monthly because there was no specific property or income.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 28,700,000 from the Japanese bank account in the name of the first bank account in the name of the victim in Asia-Nam on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. Application of registration of transfer, certificate of automobile transfer, application for loan, examination sheet, deposit details statement, claim list, and application of the register of automobiles Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

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

1. Although the amount of fraud by deception of the reason for sentencing under Article 62-2 of the Social Service Order Act was not so much and the damage was not recovered, the order is issued in consideration of various sentencing conditions shown in the records and arguments, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime.