A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

Around February 2013, the Defendant and C purchased a vehicle with a loan from a lending company by deceiving the lending company as if they actually use the vehicle and allowing the lending company to pay the purchase price of the vehicle in lieu of the purchase price of the vehicle. C, upon delivery of the vehicle, sold the vehicle to the third party and collected the price in installments.

On February 22, 2013, the Defendant signed a loan agreement stating that “The employee of Hyundai Capital Co., Ltd. (E) in charge of Hyundai Capital Co., Ltd. will purchase and use the car purchase price of KRW 33,400,000 from March 25, 2013 to pay KRW 1,014,581 for 36 months from March 25, 2013 when he/she borrowed KRW 33,40,000.”

However, in fact, the Defendant and C had purchased the said car with the loan and expected to acquire the price by selling it to a third party, and the Defendant had no intention to operate or own the said vehicle, and had no intention to pay approximately KRW 40 million at the time, so there was no intention or ability to repay the loan.

On February 25, 2013, the Defendant and C received KRW 33,40,00,000 as a loan for automobile purchase by having the victim company deposit KRW 33,40,000 with the automobile company instead of the Defendant, in lieu of the Defendant, around February 25, 2013.

Accordingly, the defendant, in collusion with C, by deceiving the victim, acquired the nominal property of the loan.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning the examination of suspects to the accused;

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.