The defendant shall be innocent.

1. On February 3, 2016, the Defendant is required to pay KRW 4,843,219 to the Hyundai Capital Co., Ltd. (hereinafter “Mo Capital”) in order to sell 20,50,000 won to the victim D (hereinafter “instant vehicle”) at the C restaurant located in Chuncheon-si, Chuncheon-si, in order to sell the 20,50,000 won of the vehicle at KRW 30,00,000, and to deposit this amount into the Hyundai Capital Co., Ltd., Ltd. (hereinafter “Mo Capital”), and pay the insurance premium, and will make the remainder of the vehicle deposit so that ownership can be cancelled and transferred.

The phrase “ makes a false statement.”

However, even if the vehicle price is paid, there is no intention and ability to cancel the mortgage.

The Defendant received 20,500,000 won from the account designated by the Defendant, such as the Agricultural Cooperative Account (F) in the name of the said vehicle, from the damaged person, as the purchase price.

Accordingly, the defendant was given property by deceiving the victim.

2. The following facts are acknowledged in addition to the purport of the entire evidence duly admitted and investigated by the court.

A. On March 30, 2015, the Defendant obtained a loan of KRW 24.2 million from Hyundai Capital to purchase the instant vehicle, and the Defendant decided to change the said loan into 36 months.

After that, on April 8, 2015, the instant vehicle was registered as E, the Defendant’s wife, and on April 29, 2015, the obligee was Hyundai Capital as of Apr. 29, 2015, and according to Article 2(2)1 and 7 of the Enforcement Decree of the Act on Mortgage on Specific Movables, including a mortgage vehicle with a bond value of KRW 4840,000,00, a person who seeks to register the establishment of a mortgage shall enter the amount of the claim in the application for registration of the establishment of a mortgage, the purport that the cause of registration is the contract to establish a mortgage, and the maximum amount of the claim in the case of a mortgage, as of the application for registration of the establishment of a mortgage.