However, at the time of fact, the Defendant was difficult to take economic conditions, such as borrowing money from the lending company without any particular property or income, and even if the Defendant purchased the vehicle with the above loan borrowed KRW 7 million from the pawnban in Gangwon-do, which was located on the stop line, and offered it as a security, there was no intention or ability to pay the loan properly.

As above, the Defendant, by deceiving the victim, acquired 23.5 million won from the victim.

2. According to the evidence duly examined and adopted by the court below, the defendant purchased a car as of September 1, 201 as the facts charged, and paid the installment after receiving the installment loan only three months, and delayed payment thereafter. On December 201, 201, the fact that the vehicle was provided as a security to the pawned Art and received the loan is recognized.

However, according to the above evidence, at night, the Defendant did not have any particular obligation to the Defendant at the time of receiving the loan, and the Defendant had an average of KRW 1,00,000 per month while working at the original location of the Hyundai Card (the Defendant received KRW 937,908 on October 14, 201, and KRW 1,407,558 on November 15, 201). Additional income was made by acting on behalf of the Defendant at night. The Defendant was unable to pay the installment from January 201 to March 201 because it was difficult for the economic situation due to the discontinuance of Hyundai Card around December 201.