A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

While the Defendant was living in old-age, the Defendant purchased a vehicle by means of receiving a loan from the part of the vehicle under the name of the Defendant, and agreed to have the vehicle paid without paying the installment.

Therefore, around July 5, 2011, the Defendant: (a) purchased CK7 vehicles in the name of the Defendant at the location of the Kupo-dong 353-8, Seocheon-dong, Busan; (b) concluded a motor vehicle installment contract with the victim Hyundai Capital Co., Ltd. and the vehicle purchase fund to receive KRW 25.7 million and to pay KRW 528,515 each month between July 5, 201 and 60 months from July 5, 201; and (c) agreed not to dispose of the said vehicle without the victim’s consent until full repayment of the loan amount.

However, in fact, since the defendant attempted to sell the above vehicle to another person immediately after purchasing the vehicle and divide the proceeds of the sale into those who were not the victims, he did not have any intention to own and manage the vehicle until the loan amount is repaid, and there was no intention or ability to pay the installment according to the above agreement.

As such, the Defendant deceivings the victim, which is, from the victim's seat, obtained 25.7 million won as a vehicle loan from the victim, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes of an application for goods, an application for installment, the register of automobiles, and claim specifications;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;