A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On April 28, 2009, the Defendant was sentenced to imprisonment for one year and six months with prison labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) at the Daejeon District Court on May 7, 2009, and the said judgment became final and conclusive on May 7, 2009, and on October 16, 2009, the Defendant was sentenced to ten months of imprisonment with prison labor for a crime of fraud, etc. in the Seosan Branch of the Daejeon District Court on February 3, 2010, which became final and conclusive on May 9, 2011, and the parole period expired on August 10, 201.

On December 1, 2011, the Defendant submitted a loan application to Hyundai Capital Co., Ltd. via the above D, to the effect that “I would purchase 41,300,000 won from Hyundai Capital Co., Ltd. for a monthly amount of KRW 974,090.”

However, in fact, the defendant was in arrears with a cost of 2 million won, and there was no special property, and even if he was given a loan from the victim Hyundai Capital Co., Ltd. due to the lack of certain income, he did not have the intention or ability to pay the vehicle installments.

The Defendant received 41,300,000 won from the victim on the same day.

Accordingly, the defendant deceivings the victim to take money by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. An application for loan;

1. Automobile register;

1. Information inside and outside the examination site;

1. A list of requests;

1. A motor vehicle sales contract;

1. Credit information inquiry table;

1. Previous convictions in judgment: Application of criminal records, investigation reports (the current status of confinement of suspects, date of release from prosecution and attachment reports of judgment);

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than 20 years;

2. Application of the sentencing criteria;

(a) Determination of types of crime: The amount of profit resulting from a fraud among fraud and general fraud is KRW 100 million;