At the time of the instant case, the Defendant did not have any particular income from the job, and the financial institution was obligated to pay KRW 420,000,000 to KRW 92 million, and there was no intention or ability to complete payment even if having received a loan for purchasing a vehicle, and the Defendant purchased a vehicle with the above loan, and then immediately purchased the vehicle, and then made up for the money of KRW 420,000.

The Defendant, around March 5, 2014, purchased coo-car from D to E in Busan Metropolitan City, an amount equivalent to KRW 88,340,000,000,000,000 from the new card company, received 35,660,000 from the new card company to pay the remainder of KRW 52,584,00,000,000,000 as an advance payment, and received from the new card company as an advance payment. From March 5, 2014 to February 25, 2019, the agreed interest rate of KRW 7.7% per annum from the victim Hyundai Capital Co., Ltd., Ltd. and the installment period of KRW 1,56,989 per month from March 5, 2014 to February 25, 2019.

After that, the defendant received the above vehicle on the same day, and made the transfer registration under the name of the defendant on the 6th day of the same month, and sold it to F. of the seller of used cars on the 7th day of the following month.

Accordingly, the defendant, by deceiving the victim, obtained the above loan by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the witness G in the fifth public trial records;

1. A protocol concerning the examination of suspect against each part of the defendant by the prosecution;

1. Statement of the police statement related to G;

1. Investigation report (a copy of the reference table for credit information of the suspect);

1. Original Register of Automobile Registration;

1. The following circumstances, i.e., ① the Defendant, based on the aforementioned evidence, alleged that he/she had an intent and ability to repay installments as stated in the judgment at the time of the instant loan, although he/she asserted that he/she had an intention and ability to do so, at the time of the instant loan.