On November 29, 2010, the Defendant purchased CK7 car at the Hyundai Motor Agent in Seongbuk-gu Seoul, Seoul on November 29, 2010, and concluded that “A car purchase price of KRW 34,300,000 shall be repaid in equal installments of principal and interest each month during the 60-month period, to employees in the Dongdaemun-gu Branch Co., Ltd. through employees in the above agency’s name default.”

However, in fact, it was thought that the purchased vehicle would be delivered to the non-performing credit service provider, cash lending, etc., and there was no occupation at the time, and there was no other property, and there was no intention or ability to repay even if the purchase price of the vehicle is lent from the victim company.

The Defendant, by deceiving the victim as such, received 34,300,000 won under the pretext of loans from the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application for the goods of modern capital;

1. The register of automobiles (C);

1. Application of the details of claims, details of deposits, etc. to Acts and subordinate statutes;

1. The crime of this case on the grounds of the pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act’s punishment for sentencing for the crime of this case is inevitable in light of the following: (a) the Defendant, by deceiving the victim under the condition that the Defendant was not able to repay for the purpose of financing the funds by selling the motor vehicle purchased by him/her immediately; (b) the act of deceiving the victim with approximately KRW 34 million; (c) the agreement with the victim was not reached; and (d) the damage recovery was not most completed up to now.

In addition, the punishment as ordered shall be determined by taking into consideration the following circumstances, such as the defendant's confession of the crime of this case, the fact that there is no criminal record of a fine or heavier punishment, the background of the crime of this case, the age and character of the defendant, etc.