The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

While the Defendant was aware of a loan due to the absence of operating expenses, the Defendant purchased a vehicle as if he did not have the intent and ability to fully repay the vehicle loans on the Internet, and had the Defendant purchased the vehicle and immediately transferred the vehicle in a way that he did not transfer the name to the person with no intention to receive the loan.

On August 27, 2012, the Defendant purchased a truck equivalent to approximately 47 million won in the market price in E located in Silung-si around August 27, 2012, and falsely stated that “The Defendant would pay back in installments for 48 months if he/she would receive a loan of KRW 47 million from an Aiju Savings Bank.”

However, the Defendant, after receiving a payment guarantee from the injured party, was aware of the so-called “motor vehicle tin” in which a vehicle was transferred to the injured party, and there was no intention to possess the vehicle. Therefore, even if the Defendant received a payment guarantee from the injured party, he/she did not have the intent to pay the above loan.

The Defendant received a payment guarantee against the loan from the injured party on his job.

Accordingly, the Defendant, by deceiving the victim as above, acquired pecuniary benefits equivalent to about 47 million won of loans.

Summary of Evidence

1. Statement by the defendant in court;

1. Written complaint of a capital company;

1. A letter of guarantee for payment, a letter of loan agreement for automobile construction machinery, confirmation of automobile takeover, and written consent for the payment of loans, and an application for a payment guarantee;

1. Application of Acts and subordinate statutes to a certificate of hospitalization and a written diagnosis;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria (a type of determination) shall be organized.