[2012 Highest 984] The Defendant and C had already exported a vehicle overseas, but still had documents, such as a vehicle registration certificate, in Korea, to obtain a loan by taking the vehicle as collateral from a financial institution on the ground of the nominal owner of vehicle purchase, using the so-called “motor vehicle” vehicle purchase certificate, etc.

Accordingly, C around June 15, 201, at an insular area located below the Dong-dong, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, the victim D and E “to get a loan. In order to obtain a loan, the credit rating should be high, and the vehicle should be purchased in order to increase the credit rating. The purchased vehicle will pay back the purchase price, and will not bear any obligation for the vehicle.” On June 15, 201, the Defendant submitted an application for the Fmoning and the guarantee loan for G mining, which C prepared to the victims around June 15, 201, and received 24 million won as a security loan for the vehicle from Hyundai Capital from Hyundai Capital around the 20th of the same month.

As a result, the defendant and C conspiredd the victims, thereby deceiving 24 million won.

Summary of Evidence

1. Each legal statement of the defendant and C;

1. A suspect interrogation protocol of the police about C (including E and D statements);

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on investigation (for example, data submitted to victims);

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of punishment;

2. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the Defendant, along with C, did not fully compensate for the damage up to the date when the amount acquired by deceiving victims by deceiving them with C, and actively deceiving victims under the pretext of increasing credit rating by using the so-called "band-called "band-and-band-band-band-band-gand-gand-gand-gand-gand-gand-gand-gand-gand-gand-gand-gand-gand-gand-g