A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Criminal facts

[2015 Highest 1570]

1. Around July 30, 2012, the Defendant applied for a loan of automobile installment to the victim Hyundai Capital Co., Ltd., Ltd. for the purpose of the funds to purchase automobiles in the Nam-gu Incheon Metropolitan City.

However, the Defendant did not have any intent or ability to repay, even if he received a loan from the victim because there is no particular property or income, and even if he purchased a vehicle after obtaining a loan for installment financing, he did not notify the victim of this fact even though he was planning to sell the said vehicle again and make a financing.

The Defendant, as such, by deceiving the victim, received 29.7 million won as a loan for automobile financing from the victim’s place of business.

2. Around August 10, 2012, the Defendant applied for a loan of automobile installment to Hyundai Capital Co., Ltd., Ltd., for the use of the funds for purchasing the spath-R car at the spath-si F sales agency of the spath-si.

However, the Defendant did not have any intent or ability to repay, even if he received a loan from the victim because there is no particular property or income, and even if he purchased a vehicle after obtaining a loan for installment financing, he did not notify the victim of this fact even though he was planning to sell the said vehicle again and make a financing.

The Defendant, as such, by deceiving the victim, was given the victim a delivery of KRW 15 million as a loan for installment financing in the same place.

[2015 Highest 1726] While the Defendant used the HyundaiM Card, which is a credit card issued by Hyundai Card Co., Ltd., the Defendant, around August 10, 2012, purchased 10,008,000 won of the installment by the said credit card.

However, facts are the defendant's particular.