On November 16, 2012, the Defendant purchased DK7 passenger cars in the name of the Defendant at the Climate Motor Cagency in Gwangju Northern-gu, Gwangju, and entered into a loan agreement with the victim Hyundai Capital Co., Ltd. on the condition that it would pay KRW 584,040 per month and KRW 28,400 per month for 60 months.

However, the Defendant did not have any actual income since the business of the “E” was under operation at the time, and did not have any special property. Rather, the Defendant did not have any intent or ability to complete payment even if he received a loan from the victim even if he did not receive a loan from the victim due to the circumstance that the interest to pay the personal debt reaches KRW 50,000,000.

The Defendant, as such, by deceiving the victim, received 28,40,000 won as a loan from the victim on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the prosecutor and the police accused;

1. Application of Acts and subordinate statutes to the head of a complaint, examination table, application form for a motor vehicle installment, contract for the establishment of a motor vehicle collateral security right, the register of motor vehicle, details of claims and details of deposit, statement summary (Evidence Nos. 1 through 6, 8

1. The reason for sentencing of Article 347 (1) of the Criminal Code of the pertinent statutory provisions for the crime [the scope of recommending punishment] The general fraud and no basic area (6 to 100 million won) (6 to 100 million won) (6 months and 16 months) [the decision of sentencing] of the basic area (6 to 100 million won] [the decision of sentencing] the defendant would repent the crime of this case and will not repeat the crime of this case.

However, the damage was not completely recovered after the instant case.

Although the defendant does not have the same criminal power, he has a number of criminal records such as the past two times of suspended sentence.

In addition, it is decided as per Disposition by comprehensively taking into account all the circumstances revealed in the investigation and trial of this case.