A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. On October 24, 2014, the Defendant, at the Hyundai Motor Agent in Dongjak-gu Seoul Metropolitan Government around October 24, 2014, signed an application for a loan to the effect that, while purchasing a CUP car from an employee in the name of its location, the Defendant borrowed 35.9.1 million won from the victim company Hyundai Capital Co., Ltd. (ju), he/she would make a loan of 611,138 won per month for the next 60 months, and then set up a collateral security right to make the victim a creditor on the said PP car, and submitted it to the victim through the above employee in non-name.

However, in fact, the defendant thought that the above car was transferred to a third party, but did not have the intention to hold it actually, and there was no intention or ability to repay even if he was given a loan from the victim company due to the lack of the name of the property or occupation.

The defendant had the victim company transfer 30 million won of loans to the defendant on the same day to the account in the name of Hyundai Motor (State) under the name of Hyundai Motor.

Accordingly, the defendant, by deceiving the victim company, acquired pecuniary benefits equivalent to 30 million won.

2. As above, the Defendant: (a) purchased a car in mountain papers in the name of the Defendant; (b) concluded an installment contract under which KRW 30 million out of the vehicle price of KRW 35,910,000 for the Defendant’s Hyundai Capital Co., Ltd. was given a loan of KRW 30,000,000 to KRW 611,138 per month for the next 60 months; and (c) concluded a mortgage on October 27, 2017 with respect to the said car in mountain papers as a mortgagee’s company.

Nevertheless, the defendant received the above car around October 31, 2014, and transferred it to a name-free lender through his name-free loan business operator.

In this regard, the defendant concealed the passenger car owned by the defendant, which is the object of the victim company's rights, and thereby, the victim company.