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

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

Punishment of the crime

[2016 Highest 1582] After acquiring C, D, and companies, the Defendant collected money from the Korea Credit Guarantee Fund, etc. or issued bills, and offered them to divide into two parts. C is registered as a representative director under the name of the E company, and D purchases used vehicles in order to raise the company fund, and the Defendant decided to take charge of the loan problem.

On July 16, 2010, the Defendant entered into an installment financing agreement with C, D, and members F, and G office located in Ansan-si F and 117 to purchase a H rocketing used car under the name of C, and entered into between 36 months of installment period, 192 million won of installment amount, 79,376 won of monthly payment, and 20 days of settlement date.

However, the facts did not have the intent or ability to repay the loan even if the loan was made by the injured party, and the said passenger car was intended to lend cash to the lending method after the loan was made.

The Defendant, as seen above, by deceiving a victim as described in C and D, was granted KRW 19.2 million on the same day from the victim to the victim.

Accordingly, the defendant, in collusion with C and D, by deceiving the victim and by deceiving the property.

[2016 Highest 1623] On December 31, 2010, the Defendant made a false statement that the Defendant would transfer the vehicle to the victim K in the name of the vehicle if the vehicle was purchased with the loan under the four names, and the installment of the loan would be repaid in full.

However, at that time, the Defendant had no intention or ability to pay in full the installment payments in the name of the Defendant for the reason that there was no certain income, and there was no intention or ability to succeed to the said vehicle in the name of the Defendant.