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

Defendant,

1. The fact is that the Defendant is planned to deliver the vehicle released from the victim Hyundai Capital Co., Ltd. to the non-resident as security, and is not subject to the loan because there is no intent to possess the vehicle. However, around January 17, 201, the Defendant applied for the loan of the vehicle to the employee in charge of the victim Hyundai Capital Capital Co., Ltd. at the cafeterian Station located in the Nam-gu Incheon Nam-gu Incheon Metropolitan City, for the purchase of the vehicle at the cafeterian Station, and then the victim would have the victim pay KRW 20,700,000 as the purchase price of the vehicle to the Hyundai Motor. The Defendant acquired financial benefits equivalent to the same amount.

2. The facts revealed that the Defendant had already delivered the non-regular borrower C’s car as a security for a loan, and that it was not stolen while operating the said vehicle, however, around July 7, 2011, the Defendant called to the call center of the victim Dongbu Fire Marine Insurance Co., Ltd., the insurer of the automobile comprehensive insurance contract on the said car to the effect that the Defendant was stolen on July 7, 2011, and received the stolen vehicle to the effect that “C’s car parked on the roads adjacent to the Manju Seo-gu Dcafeteria, Seo-gu, 201.” On August 5, 2011, the Defendant claimed the payment of the insurance money for self-vehicle damage on or around August 17, 2011, requested the victim to pay the insurance money of KRW 18,326,314, the insurance money of KRW 9,071,686, and acquired the Defendant’s property interest of KRW 3087,000,00.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. Application of Acts and subordinate statutes on details of damage;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act provides that the defendant does not have any same crime or any criminal record of suspended execution, in addition to one criminal record of a fine on 2000.