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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. The Defendant, upon receiving a loan from the installment financing company, sold the vehicle immediately to others and used it divided into B and B, and conspired with B and B to pay 30,000 won out of the 60-month installments.
Therefore, B will purchase D, a business operator of Hyundai Motor C agency, by telephone around December 12, 2013.
Around December 15, 2013, the Defendant: (a) obtained a loan from the victim Hyundai Capital Co., Ltd., Ltd., and purchased a motor vehicle in the vicinity of the Dobong Fire Station located in Dobong-gu Seoul Metropolitan Government; and (b) purchased the motor vehicle in a normal manner as if it would normally pay the installment; (c) prepared a motor vehicle transaction agreement with the purport that “the motor vehicle is purchased under the name of the Defendant with a loan of KRW 35,500,000 in the name of the Defendant and repaid the loan in a 60-month installment; and (d) submitted the relevant documents, such as the application for the loan from the Hyundai Capital Co., Ltd.
Accordingly, the Defendant conspired with B by deceiving the victim company, and caused the victim company to transfer KRW 35,500,000 to the virtual account (Account Number Non) opened by the head office of Hyundai Motor Vehicle under the pretext of loans for installment financing of automobiles around that time.
2. On March 14, 2014, the Defendant, at the Seoul Dobong Police Station located in Dobong-gu Seoul Metropolitan Government around March 14, 2014, lent the name of “B” with the intention of having B obtain criminal punishment against “B”, Defendant C, who is the U.S., lent the four names to purchase the U.S. vehicle at a premium rate. On the other hand, the installment shall be paid in kind, and the vehicle shall be used in shift, and the vehicle shall be purchased the vehicle under the name of the other party, and then the installment was paid in one month, and the whereabouts was reduced.
“” has submitted a false complaint.
However, the facts are that the defendant and B purchase the vehicle from the beginning to the defendant's name.