A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On July 2014, 2014, the Defendant and the person under whose name the Defendant was named, purchased a vehicle with a loan by deceiving the lending company as if he actually used the vehicle and allowing the lending company to pay the purchase price of the vehicle on behalf of the lending company. On the first hand, the Defendant and the person under whose name the vehicle was not registered, wanted to sell the vehicle to the third party and divide the purchase price.

On July 14, 2014, the Defendant: (a) borrowed KRW 19.5 million from the victim Hyundai Capital Co., Ltd. at the Modern Capital Station located in Jung-gu Seoul Jung-gu, Jung-gu, Seoul, to take out a loan contract by taking out loans from the victim Hyundai Capital Co., Ltd.; and (b) doing so as to make installment reimbursement of KRW 408,584 per month for 60 months.

However, in fact, the defendant would have purchased the above car with the loan and sold it to a third party and divided the price into two parts. Thus, the defendant did not actually operate or own the above car, and there was no intention or ability of the defendant to repay the above loan due to the failure of the company operated by the defendant.

On the same day, the Defendant and the person in poor name were paid KRW 19.5 million under the pretext of loans by deceiving the victim as above and allowing the victim to deposit KRW 19.5 million with the Hyundai Motor Co., Ltd. instead of the Defendant.

Accordingly, the defendant was given property by deceiving the victim in collusion with the person who was not aware of his name.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. A copy of the application for loans for motor vehicle purchase fund/agreement;

1. A copy of deposit details list and a copy of passbook;

1. Application of a copy of the motor vehicle register (A) statute

1. Articles 347 (1) and 30 of the Criminal Act applicable to the crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;