A defendant shall be punished by imprisonment for not less than eight 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

The Defendant, in collusion with C and D, committed as if D were a customer who intends to purchase a vehicle, and planned to collect a subsidiary financial company to be a vehicle while accompanying D with the Defendant as a broker for the sale of a vehicle, and then obtain a loan from the Defendant.

On March 4, 2016, around 17:30 on March 4, 2016, the Defendant sought a Hyundai Capital Co., Ltd. financial company, which is operated by the victim F, located in the company of the automobile trade of Gyeyang-gu Incheon, Gyeyang-gu, Incheon, for the purchase of vehicles with food H He Heine in the name of D in 2015.

While making a false statement, it was prepared and submitted an application for a modern plenary theory.

However, the Defendant, from February 23, 2016, served as an employee at the I located in the said Motor Vehicle Sales Company, but this was the first direction that C would be employed for the purpose of committing the instant crime with the Defendant. As such, in fact, the Defendant was in a state of inquiring about the limit of loans of the persons who received personal information from C. Accordingly, the Defendant was in transit with D as verified that the loans could have been available, and then, he thought that the loans would have been divided into B with D, and in fact, he did not have the intention or ability to purchase the vehicle in the name of D or to repay the loan in installments.

The defendant conspireds as above to deceiving the victim and let the victim receive the loan application from the Hyundai Capital, and was transferred KRW 37,00,000 in the name of the purchase price of the vehicle to the corporate bank account (J) in the name of the defendant around 18:57 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes, such as an application for a loan from modern capital;

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Sentencing Criteria: Type 1 (10 million won).