A defendant shall be punished by imprisonment with prison labor for not more than ten 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

On December 2, 2014, the Defendant: (a) leased a motor vehicle in the coffee shop located in front of the Seocho-gu Seoul Seocho-gu Seoul exhibition center; (b) transferred it to D; and (c) conspired with D to obtain a loan using the motor vehicle.

Around December 2, 2014, the Defendant entered into a financial lease agreement with Korea Co., Ltd. and “The victim purchased a motor vehicle with gentrology E (former registration number F) equivalent to KRW 95 million, and lease the motor vehicle to the Defendant, from December 2, 2014 to November 2, 2019, the Defendant paid rent of KRW 2,058,430 per month to the victim during the period of 60 months from November 2019, and provided the said motor vehicle to a third party.”

However, the defendant entered into a financial lease contract with the victim, and then delivered the bend motor vehicle to D and received the loan through D, and there was no intention or ability to pay the lease fee to the victim normally.

In collusion with D as above, the Defendant conspiredd with D to induce the victim, thereby deceiving the victim from the victim with the above 95 million won at the market price on the same day. The Defendant acquired the vehicle through the delivery of the vehicle from the victim.

Summary of Evidence

Article 347(1) and Article 307(1) of the Criminal Act and Article 62(1) of the Act on the Suspension of Execution of Punishment under Article 62(1) of the Social Service Order Criminal Act / [the scope of recommendation / [the scope of recommendation / [one month to one year] of the mitigation area of punishment (one month to one year] of Article 62-2 of the Social Service Order Criminal Act / In the case where the degree of deception is weak (the decision of sentence / [the person who is specially mitigated] of the Defendant’s legal statement / [the amount of punishment ] of the reduction area of punishment (one month to one year] of Article 62-2 of the Social Service Order Criminal Act.

However, the defendant has committed a crime in a situation where economic conditions are not good.