A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On March 30, 2011, the Defendant drafted a loan agreement for the purchase of automobile with the content that the Defendant would pay KRW 29,500,00 for 60 months from the victim Hyundai Capital Capital to March 30, 201, at the 5 Modern Capital Capital Zone of the Dongjak-gu Seoul Metropolitan Government Madern Building from March 30, 201 to March 30, 201, to pay KRW 29,50,500 for 60 months from March 30, 2016.

However, in fact, when the defendant purchased a vehicle with a loan from the victim, he provided a motor vehicle as security to C, obtained a loan of 6,000,000 won to use it as living expenses, etc., but he did not have the intention or ability to repay the loan.

The Defendant, as above, by deceiving the victim as above, received KRW 29,500,00 from the victim as a motor vehicle loan.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

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

1. Although it is not possible to agree with the victim on the reason of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, considering the fact that some amount of damage was paid in the automobile auction procedure, that there was no criminal history of the defendant, and that the defendant seems to have led to confession and reflect attitude.