On December 31, 2010, the Defendant prepared documents necessary for loans, such as a written application for loans in the name of the Defendant, at the time of filing an application for loans, at the time of filing an application for a loan in the name of the Defendant, at the Gu-U.S. Office of Hyundai Capital Co., Ltd., Ltd., Hyundai Motor Co., Ltd., Ltd., which was 56 U.S., and at the time of filing an application for a loan in the name of the Defendant, and filed an application for a loan of KRW 39,00,000 with the employees in charge of loans in the name of the above victim's U.S. branch through C and D, which was known through the introduction of B that borrowed money to the Defendant.

However, in order to repay the above debt to the above B, the Defendant merely purchased and sold the vehicle through the automobile brokerage trade, etc., and it was thought that it was necessary to pay the debt by the so-called “motor vehicle tin” method. In fact, the Defendant did not have the intent and ability to purchase and operate the NAS motor vehicle with the funds borrowed from the old and present branch of the above victim.

As such, on December 31, 2010, the Defendant had the victim transfer KRW 39,000,000 to the above Hyundai Motor Vehicle Sales Agency as a loan for automobile purchase on or around December 31, 2010, thereby having the victim acquire property profits equivalent to the above amount.

Summary of Evidence

1. Each protocol of suspect examination of the police against the accused (including one time and twice statements);

1. Copy of a protocol of suspect examination of police officer C;

1. Statement of the police officer with respect to B, E, and F;

1. A complaint, copy of the application for loans, examination slip, loan-related documents, claim list, details of deposits, and register of automobiles;

1. Application of the Acts and subordinate statutes on the details of passbook transactions and the details of entrance and departure transactions;

1. Article 347(1) of the Criminal Act applicable to the crime; Article 347(1) of the Criminal Act; the reason for sentencing a sentence of imprisonment - General Fraud basic area: six months to one year and six months; and the reason for negative consideration as to whether probation has been suspended (unagreement).