"2017 Highest 1670"

1. The Defendant’s sole crime committed the Defendant’s sole crime: (a) purchased a motor vehicle registration certificate and a motor vehicle manufacture certificate from the name in the name in the name in the event that the Defendant had already been exported and no longer existed in the Republic of Korea; and (b) planned to acquire a loan by means of offering a motor vehicle as security to a financial institution by pretending that a motor vehicle exists in the Republic of Korea after transferring the name of the motor vehicle to the lender.

On August 25, 2009, the Defendant: (a) on August 25, 2009, on the part of the Defendant’s operation “D”; (b) made a loan application/agreement on the loan of the second and secondhand car using the name of the branch E as security; (c) sent the above documents and the registration certificate transferred in the name of the victim Hyundai Capital Co., Ltd. to the mother company; and (d) applied for a loan by means of creating a mortgage on the said vehicle to Hyundai Capital Co., Ltd., Ltd., and the bond value as KRW 25 million with the bond value as security.

However, in fact, the above automobile was already exported on July 3, 2009, which was before the registration and did not exist in Korea. Thus, even if the contract to establish a mortgage was concluded with the victim, there was no intention or ability to provide the said automobile as the object of mortgage.

The Defendant received KRW 25 million from the damaged financial institution under the name of the Defendant through the Agricultural Cooperative (I) account in the name of the Defendant through G (H) on the same day, and received KRW 25 million from the damaged financial institution under the name of the Defendant from October 30, 2009 in total four times from that time by the same method from October 30, 2009, as shown in attached Table 1.

As a result, the defendant deceptioned the damaged financial institution and obtained a total of 90 million won by fraudulentation.

2. The defendant's joint crimes with JJ is already exported in collusion with J and in Korea.