On April 14, 2011, the Defendant: (a) received installment loans from the Defendant Hyundai Capital Co., Ltd., Ltd. to purchase the vehicle, the Defendant was thought to use the loan to repay the existing debt; and (b) the Defendant acquired financial benefits equivalent to the said amount by failing to pay the installment amount of KRW 26,000,000 from the victim, and by failing to pay the remainder of KRW 25,355,744, the Defendant acquired financial benefits from the said amount.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. A protocol concerning the suspect examination of the accused;

1. Application of each statute on filing of a complaint;

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