A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2014. 8. 28. 경 안산시 단원구 번영 1로 7 오토 팰리스 C 동 201호에 있는 ( 주) 케이 엔에이치 사무실에서 피해자 하나 캐피탈( 주) 의 담당자에게 대출을 받으면 정상적으로 변제할 것 같은 태도를 취하며, 피고인의 여동생 C의 명의로 대출 원금은 990만 원으로 하고, 36개월 간 매월 원리금으로 345,120원을 변제하기로 하는 중고자동차 할부금융 약정을 체결하였다.

However, as above, the Defendant received money from the injured party as a loan for the purchase of used cars, and purchased the said vehicle from the injured party, sold it in another place, and planned to use the proceeds for living expenses, etc., and did not have an intention or ability to repay the proceeds normally.

Around August 24, 2014, the Defendant deceivings a person in charge of the victimized person, and acquired 9.9 million won as a loan from the Defendant’s Dong C’s national bank account (Account Number D) to the Defendant’s Dong C’s national bank account (Account Number D).

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police for E;

1. A protocol concerning the interrogation of suspect C by the police;

1. Application of Acts and subordinate statutes to abstracts, such as a copy of a written agreement on installment financing, automobile registration ledger, and claims balance;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the basic area (six months to one year and six months) (no person subject to special sentencing] of the type 1 (less than KRW 100 million) general fraud;

2. The crime of this case in which the sentence is to be declared is called a vehicle-to-be fraud which takes the form of vehicle purchase due to the use of the loan, and the crime is not good in light of the method of the crime and the recovery of damage is almost impossible.