A defendant shall be punished by imprisonment for six months.

except that 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

On March 8, 2013, the Defendant purchased one set of E-L car at the car agency of the flag car D, which is located in Modow C, on March 8, 2013, and concluded that “On April 10, 2013 to March 10, 2017, the Defendant would make an installment payment of KRW 879,516 each month for 48 months from April 10, 2013 to March 10, 2017, the Defendant did not have an intention or ability to pay the installment payment even if the Defendant purchased the vehicle with the installment payment, and there was no intention or ability to sell the said vehicle after disposing of it. Therefore, the Defendant did not have any intention or ability to possess the said vehicle.

As above, the Defendant entered into a loan agreement for the purchase price of motor vehicle with the victim Hyundai Capital Co., Ltd. and the installment amounting to KRW 368 million and KRW 48 months during the installment period, and had the victim pay the purchase price of the said motor vehicle by subrogation of KRW 368 million as the above vehicle D agency for the said vehicle, thereby acquiring property benefits equivalent to the said amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. Application of the consultation slip, application form for installment vehicle of Hyundai Capital, request for remittance of loans, register of automobiles, and Acts and subordinate statutes on deposit details table;

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

1. The following circumstances, which are acknowledged by each of the above evidence to determine the criminal intent of defraudation under Article 62(1) of the Criminal Act (hereinafter the sentencing grounds), are the following circumstances, namely, ① the Defendant stated in the investigative agency that “the purpose was to purchase and industrialize a vehicle recorded in the crime (hereinafter “instant vehicle”) from the beginning,” and on March 6, 2013, purchased the instant vehicle and sold it to a third party on March 20, 201; ② the Defendant purchased the instant vehicle and sold it to the third party at the time of purchase of the instant vehicle.