A defendant shall be punished by imprisonment for one year.

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

The Defendant, in collusion with C, D, E, and F, committed as if the F was a customer who intends to purchase a vehicle, and planned to collect a subsidiary financial company of the vehicle while accompanying C, a motor vehicle sales broker, and then obtain the loan after making an application for the loan.

On February 4, 2016, the Defendant: (a) caused C to be engaged in a disguised employment in Gyeyang-gu Incheon Gyeyang-gu, and (b) since around February 23, 2016, C and C were to inquire about the limit of loan to the persons who received personal information from the Defendant and confirmed that F would be possible to make a loan; (c) around March 4, 2016, C and F visited C and F to I, an installment financing company operated by the victim H in the above G, and purchase the vehicles of the JN in the name of F in 2015.

The author made a false statement and made it possible to prepare and submit an application for a plenary loan.

However, even if the Defendant received a loan under the name of F and received a loan from the injured party, it was thought that the Defendant did not have the intent and ability to actually purchase the vehicle or to repay the installment loan to the borrower, and that it was divided into D, E, F, C and loans.

The defendant conspireds as above to deceiving the victim and let the victim receive the loan application from the Hyundai Capital, and accordingly, he was transferred KRW 37,00,000 in the name of the purchase price of the vehicle to the corporate bank account (K) in the name of C around 18:57 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. An application, etc. for the loan of modern capital;

1. Application of statutes on records of seizure and lists of seizure;

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Sentencing Criteria: Type 1 (less than KRW 100,00) (in the case of less than KRW 100,00) is reduced area (one year to two years, and no penalty is imposed).