A defendant shall be punished by imprisonment for six 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

On September 13, 2010, the Defendant purchased Crocketing car at the modern car agency located in the Seo-gu, Seo-gu, Daegu-si, and concluded a loan contract with the victim Hyundai Capital Co., Ltd. to receive KRW 22,300,000 from the victim's Hyundai Capital Co., Ltd. for the purchase price for the said car and to pay it in installments for 48 months, and established a mortgage on the said car to the victim company.

However, in fact, even if the Defendant obtained a loan from the victim company and purchased the said car, it was considered to prepare business funds to the bond company, and in fact, it was delivered 12 million won to the bond company on January 201, 201. Therefore, the Defendant did not have the intent or ability to normally operate and manage the said car, and there was no particular property or income at the time, so there was no intention or ability to pay the loan each month in a normal manner.

Nevertheless, the Defendant entered into a loan agreement as if he would normally repay the loan while operating the said car with hiding the above facts, and caused the victim to pay the purchase price for the car equivalent to 22.3 million won to the victim, thereby obtaining the pecuniary benefits equivalent to the above amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Complaints, applications for goods of modern Capital, notices of transfer of claims and acceptance of entrustment, public notice of transfer of claims, receipt and notification of applications for registration of transfer of assets, etc., and application of Acts and subordinate statutes of the Motor Vehicle Register;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] In the case where the mitigation area (one month to one year), the mitigation area (one year from January to one year), the punishment of a person who is not subject to special mitigation, or the recovery of considerable damage (the decision of sentence] is against his/her mistake.