A shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Defendant

A’s false statement was made on February 1, 2016 to the effect that “The victim E is liable for the loan of the name necessary to purchase the vehicle, and the installment payment is to be made.”

However, the defendant did not have any intention or ability to pay the installment of the vehicle.

The Defendant: (a) by deceiving the victim as above; (b) caused the victim to purchase a FYF small and medium-sized car; (c) had the victim obtain a loan of KRW 12.7 million from the Hyundai Capital Co., Ltd. to purchase the said car; and (d) paid KRW 1,142,928,000 to the Hyundai Capital Co., Ltd.; and (c) did not pay the remainder of KRW 11,557,072 to the victim, thereby taking economic benefits equivalent to the said amount.

Summary of Evidence

1. Defendant A’s legal statement

1. Statement made by the police for E;

1. A copy of an accompanying contract for vehicles;

1. The examination table;

1. Copies of the motor vehicle registration ledger;

1. Details of payment of loans on condition of vehicles;

1. Application of Acts and subordinate statutes to a copy of verification;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. As to the suspended sentence under Article 62(1) of the Criminal Act (the following favorable circumstances), a person suffers property damage to another person because the loan was granted under another person’s name and was not repaid properly, and thus, causes property damage to such other person. However, the fact that there is no other criminal record except the criminal punishment of a fine due to a crime of violating the Road Traffic Act on December 192, 192, and other factors, such as the Defendant’s age, sex, environment, circumstances leading to the crime, and circumstances after the crime, etc., shall be determined as per the order.

The acquittal portion

1. The summary of the facts charged is as follows: (a) the Defendants conspired to borrow money from a passenger car purchasing company as stated in the facts constituting a crime on February 9, 2016 and provided it as collateral to the Defendant Hyundai Capital Co., Ltd.; and (b) the Defendants borrow money from the Defendant’s name-free bond company.