A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal records] On May 28, 2015, the Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Southern District Court, and the judgment became final and conclusive on September 4, 2015.

[2] On December 2014, the Defendant offered a proposal to the effect that, upon delivery of an application for a vehicle loan and a certificate of seal impression, etc. prepared in the name of the party, the Defendant conspired in sequence with the above name in order to use the vehicle loan by acquiring and distributing it by money.

On December 29, 2014, in fact, when the victim KB Capital Co., Ltd. received an automobile installment loan from the victim's KB Capital Co., Ltd., and even if there was no plan to use it as the purchase price for the automobile, the victim's non-name-based employee belonging to the company was asked to submit an application for an erroneous debate and a certificate of seal impression, etc. in the name of the defendant, which was issued in advance by the defendant from the defendant on the same day, and deceiving the victim company, and then the member was remitted KRW 29.5 million from the victim company on the same day.

Accordingly, the defendant, in collusion with the above-mentioned person, acquired 29.5 million won from the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of C;

1. An application for each complaint, computer review table, and middle and high debate;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (Evidence No. 38), application of the text of the judgment;

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. In full view of the following circumstances of sentencing under Article 62-2 of the Social Service Order Criminal Act and the Defendant’s age, sex, environment, and the circumstances before and after the instant crime, the punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing indicated in the records.

In this case.