A defendant shall be punished by imprisonment for not more than ten 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 December 27, 2012, the Defendant purchased 19 million won of the vehicle price under the name of the Defendant in Seongdong-gu Seoul, Seongdong-gu, Seoul and C Company D, and the 19 million won of the vehicle price, and entered into an installment contract under the equal terms and conditions for repayment of principal and interest to be repaid in 723,654 won each month for 36 months with the victim E-bank.

However, as above, even if the Defendant purchased a used vehicle with a premium, it was planned to sell it immediately and lend funds, and the Defendant did not have any intent or ability to repay the above principal and interest every month because he did not have any fixed income at the time.

After all, the defendant deceivings the victim as above and acquired the vehicle price of KRW 19 million from the victim, i.e., the victim.

around January 7, 2013, the Defendant purchased 6th floor of FM building in the name of the Defendant, and concluded a loan agreement with the victim H Co., Ltd. (hereinafter “victim Co., Ltd.”) to pay 874,886 won each month for 36 months when the Defendant purchased the said car and operated the said car normally, and concluded a loan agreement with the victim Co., Ltd. to pay 2,160,000 won each month for the said SM5 passenger car under the name of the victim Co., Ltd. on January 8, 2013.

However, in fact, even if the defendant purchased the above car at a premium rate as above, he was planning to sell it immediately without operating it, and as soon as possible, the defendant had no intention or ability to pay the loan normally every month even if he received a loan from the victim company, such as the defendant should pay the second class house separately purchased with no specific property at the time and should pay it in 723,654 won per month.

Nevertheless, there is a need to do so.