Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On February 11, 2014, the Defendant applied for a loan of KRW 12,500,000, which is the total purchase price, to pay KRW 385,393 each month from the victim Hyundai Capital Co., Ltd. from March 30, 2014 to February 28, 2017, on the condition that the Defendant would pay KRW 385,393 each month from March 30, 2014.

However, in fact, the defendant was given a loan for the purpose of lending cash to a third party by selling at a discount after purchasing the above vehicle at a discount, and even if receiving the above money, he did not have the intention or ability to pay installments normally.

The defendant obtained a loan of KRW 12,500,000 on the same day from the victim and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes of 2015-207 to a copy of the application for the new loan of modern capital, the terms and conditions of loan of modern capital and the register of automobiles (E), the details of deposit, the register of automobiles (E), the register of automobiles (G), and the case number of case;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's assertion of the provisional payment order is argued to have no criminal intent by deceit, but the following circumstances, i.e., it was extremely difficult for the defendant to engage in the financial situation at the time of obtaining a loan according to the evidence of the ruling, and ii) there is a provision that "a vehicle received from the defendant shall not be set up a right to collateral security, but shall not be disposed of voluntarily, such as transfer or lease of the vehicle, or establishment of a pledge or mortgage without the consent of the financial company until the full payment system of the loan is completed," which is practically an element of execution of the security loan value of the vehicle that is sold.