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

1. Around December 5, 2013, the defrauded made a false statement to the effect that “A” located in Seo-gu Incheon, Incheon, would purchase DSS5 car at KRW 14 million, and the Defendant would lend 14 million to an employee of the victim Hyundai Capital Co., Ltd. who is an employee of the victim’s Hyundai Capital Co., Ltd. to repay 530,331 won per week each month over 36 months.”

However, the defendant had no intention or ability to repay even if he/she received a loan from the victim because the defendant had expressed his/her intention to lend money to the person who was not a bond company's name without the intention to operate the above car from the beginning.

As such, the Defendant, by deceiving the victim, had the victim transfer the amount of KRW 14 million of the automobile loan to the said C account, thereby deceiving the victim.

2. On December 10, 2013, the Defendant: (a) obtained a loan of KRW 14 million from the victim as indicated in the preceding paragraph; and (b) established a right to collateral security with regard to the said passenger car as a mortgagee; (c) around December 10, 2013, the Defendant created a right to collateral security with regard to the said car as a collateral security.

On December 2, 2013, the Defendant borrowed KRW 3 million from the person who was the bondholder’s name, and concealed the said car as collateral, along with a certificate of transfer necessary for the relocation of the vehicle, power of attorney, and the said car as the object of collateral security, by making it unclear the location of the said car.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (including evidence records Nos. 24 and car transfer certificates);

1. - A copy of the loan application, the register of automobiles;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act (Fraud), Article 323 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The conditions that are favorable to the reasons for sentencing under Article 62(1) of the Criminal Act.