A defendant shall be punished by imprisonment for four months.

Punishment of the crime

The Defendant purchased a motor vehicle by obtaining an installment loan from the victim Hyundai Capital Co., Ltd., and immediately sold a motor vehicle to the used vehicle manager and used the sales proceeds.

On November 20, 2013, the Defendant, at the Hyundai Motor (State) D agency located in Yangcheon-gu Seoul Metropolitan Government, prepared an application for the reduction of loan of modern Capital, stating “23 million won of loan, installment period of 48 months, autonomous 6.9% of loan, and 24% of overdue interest rate,” and submitted it to the victim.

Although the Defendant made a false statement to the effect that he would obtain a loan from the injured party as if he were to purchase and hold a motor vehicle, and to pay the loan principle in good faith, the Defendant did not have the intent or ability to pay the loan even if he received the loan from the injured party even if he did not have the intent to sell the motor vehicle immediately and used the sale proceeds during the lending period without the intention to own the motor vehicle.

Nevertheless, the defendant was given a loan of KRW 23 million from the injured party.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Application of each Act or subordinate statute of the new application form, electronic inquiry output, claim list, vehicle registration ledger, and deposit details;

1. Grounds for sentencing of punishment pursuant to Article 347 (1) of the Criminal Act and Article 347 of the Criminal Act concerning the facts constituting an offense;

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. The scope of the sentencing guidelines for recommendations [types] the basic area of the class 1 (the amount of damage less than 100 million won) of general fraud [the scope of the determination of the area of recommendations and the balancing of recommendations]: Imprisonment with prison labor for six months - one year and six months.

3. The defendant who has rendered a sentence shall have the intention to pay the purchase price of a motor vehicle from the beginning.