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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2015 Highest 1258]
1. On August 20, 2013, the Defendant: (a) purchased 30,354,000 U.S. Hybrid (E) vehicles with a modern cardM3 credit card issued from the Hyundai Card Co., Ltd., the injured party, with the card issued by the Hyundai Card Co., Ltd. on August 20, 2013.
However, in fact, while the Defendant did not have any particular property, there was a debt equivalent to 30 million won, such as a debt equivalent to 5 million won to LOCoF, so even if he purchased a vehicle with a credit card, he did not have the ability or intent to pay the installment normally. Thus, the Defendant only purchased a vehicle to F, a loan broman without the intent to operate the said vehicle, by furnishing the vehicle as a collateral and providing it for cash lending.
The Defendant, by deceiving the victim as such, entered into an installment loan contract with the victim, had the victim deposit KRW 30,354,00 in the purchase price of the said vehicle into the account of the seller of the vehicle and received the said vehicle.
2. Around August 26, 2013, the Defendant, at the H office located in Changwon-si G in Changwon-si, and at the time of purchasing Aridi A6 (I), applied for a new installment financing to a person in charge of loan in the name-free loan delegated by the victim Arith Capital Co., Ltd.
However, in fact, the Defendant had no particular property at the time while there was a debt equivalent to 30 million won, such as a debt equivalent to 5 million won for the LOC, and thus, even if the Defendant purchased the said new installment loan, he did not have the ability or intent to pay the installment normally, and he only purchased the said vehicle as collateral to the blorder without the intention to operate the said vehicle.
The defendant does not notify this fact, and, in order to make the defendant believe that he/she has the ability to repay the loan, he/she does not lend his/her name.