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

The Defendant purchased a vehicle from the victim KB Capital Co., Ltd. with an installment loan for vehicle purchase funds, and immediately sold the vehicle to the middle-sized car businessman to use the sales proceeds. On August 20, 2014, the Defendant made a false statement to the effect that, at the KB Capital C branch located in the 15th floor of Seoul building B, the employee in charge has a shortage of KRW 15,100,000 out of the market price of 15,560,000,000,000 won out of the purchasing fund of the 15.5.687 won per month if the loan was made, the Defendant made a false statement to the effect that the amount would be repaid faithfully for 36 months.

However, in fact, the defendant did not have any intention or ability to repay the loan even if he received the loan as above from the victim, as he thought that he would sell the vehicle immediately and use the sales proceeds during the lending period.

Nevertheless, the defendant was given a loan of KRW 15.1 million by the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A new installment/lon application form, new installment/loan agreement, automobile registration certificate, certificate of personal seal impression, resident registration, automobile driver's license, details of loans and register of automobile;

1. Investigation reports (Attachment of personal credit reports of suspects), and application of Acts and subordinate statutes of each personal credit report;

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

1. The reason for sentencing of Article 62(1) of the Criminal Code of the suspended sentence [the scope of recommending punishment] General Fraud (less than KRW 100 million) [the decision of sentencing] / [the decision of sentence] / The defendant committed an offense in the intent of deceiving the loan from the beginning is bad.

However, the fact that the defendant seems to have committed a crime due to a lack of living expenses, the fact that the defendant has no particular criminal record and reflects it, the defendant has reached an agreement after paying the full amount of damage.