A defendant shall be punished by imprisonment for six 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 November 8, 2011, the Defendant purchased one motor vehicle vehicle vehicle at the Incheon-dong, 388-5, Dong-dong, Dong-dong, Dong-dong, Dong-dong, and falsely concluded that “In order to obtain a loan from the victim Hyundai Capital Co., Ltd., the Defendant borrowed 27 million won to the employee in charge, and would pay the principal and interest equal to the principal and interest in every week, and pay 877,566 won each month to the employee in charge for 36 months.”

However, in fact, the Defendant had a total of KRW 60 million including the guaranteed debt at the time, and there was no intention or ability to repay the principal and interest of loan because there was no particular revenue or property, and eventually, the Defendant disposed of the said vehicle around February 22, 2012.

As such, the Defendant, by deceiving the victim and allowing the victim to enter into an installment financing contract with the above contents, to deliver KRW 27 million to Hyundai Motor Corporation as a loan for vehicle purchase, and acquired it by deception.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on loan contracts;

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

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. Reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, Etc. [the decision of type] - Where a general fraud is less than KRW 100 million (special-purposes): Reduction element: In the case of intentional deception, or where the degree of deception is weak, [the decision of the recommended field] mitigation element / [the scope of recommendation range] January 1 to 1 year [the scope of general person] mitigation element - Reduction element : In the serious reflect [the scope of punishment] applicable provisions of law: January 1 to 10 years [the scope of suspension of execution] under Article 347 of the Criminal Act : The main reasons for the major mistake (unlawful) : Unagreement - The case of intentional deception or the case of the degree of deception is weak.