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

On June 28, 2011, the Defendant: (a) purchased a Grand Market (C) in the name of the Defendant at the location of the Hyundai Motor Station branch located in Ansan-si, Seoul Special Metropolitan City, Nowon-gu, 846-3; (b) agreed to obtain installment financing loans of KRW 20 million out of the purchase price of the said Grand Market from the victim Hyundai Capital; (c) repaid loans of KRW 707,681 each month for 36 months following the installment financing agreement; and (d) did not transfer, lease, pledge, establish and take a discretionary measure against the said passenger vehicle without the victim’s consent until the full payment of the loan amount is made.

However, the Defendant did not intend to hold and operate the above van, but purchased the above van with the loan from the victim, and then immediately transferred ownership to the lending company and was planned to consume the loan from the lending company for the cost of living, and did not have any other property, so even if the Defendant was to receive the loan from the victim as the purchase price for the above van, it did not have any intention or ability to repay it.

As such, the Defendant, by deceiving the victim, had the victim pay KRW 20,000,000 from the date and time to Hyundai Motor, and exempted the victim from the obligation to pay installments, thereby acquiring pecuniary benefits equivalent to the above amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of the new test table, product application form, and the register of automobiles statutes;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] General Fraud (less than KRW 100 million) / [the decision of sentence] that the defendant obtained installment financing loans from the victimized company and obtained such loans from the lending company, and obtained them, and the defendant did not recover from damage.