A defendant shall be punished by imprisonment for six 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

On January 25, 2013, the Defendant, in collusion with the name-free box (C), purchased one vehicle from the F, a staff member in charge of the vehicle purchase fund, and signed a contract on the loan application for automobile purchase fund between the victim Hyundai Capital Co., Ltd. and the victim Hyundai Capital Co., Ltd. on February 15, 2013, stating that the vehicle purchase fund would be paid monthly payment without a mold under the loan agreement when he/she borrowed the vehicle purchase fund. The Defendant signed a contract on the loan application for automobile purchase fund with the term “the loan amount of KRW 37 million on February 15, 2013, the loan amount of KRW 48 months, the loan interest rate of KRW 5.90 on May 90, the monthly payment amount of KRW 867,251, the principal and interest amount of KRW 18.5 million, the vehicle number G, the loan amount of KRW 18.5 million on the loan application.

However, the defendant was registered as a business, but it was merely the lending of the name, and the purchased motor vehicle was thought to be immediately transferred to the person who was named in the name (C) and there was no intention or ability to pay the installment even if he was given a loan from the victim company.

Nevertheless, the defendant deceivings the victim as above, and he immediately borrowed 37 million won from the victim as the vehicle purchase fund and acquired it by deceit.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The police statement of H;

1. Application for a loan, agreement, details of claim, register of automobiles, details of deposit, certificate of vehicle takeover, application of Acts and subordinate statutes on a sales contract of automobiles;

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Although the reason for sentencing under Article 62-2 of the Criminal Act is considerable, the punishment shall be determined as ordered in consideration of the fact that the defendant seems not to have led, and the amount of profit is not significant.