A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On July 2, 2013, the Defendant was sentenced to four months of imprisonment with prison labor and one year of suspended execution on July 10, 2013 by the Central District Court on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

Around September 29, 2011, the Defendant: (a) obtained a loan in the form of installment financing loans from a person with poor name; and (b) delivered a vehicle purchase and loan-related documents, identification card, etc. to the person with poor name.

In the event that the Defendant actually possessed the said car and paid the installment payment properly, the person in bad name was granted a loan of KRW 29 million as the purchase fund for the vehicle at the (ju) No. 617-6 Madddon 107, Hancheon-si, Seocheon-si, Hancheon-si, Seoul, and at the (ju) No. 617-6 Madon Dadon 107, the Defendant applied for the installment payment as if he actually possessed the said car and paid the installment payment.

However, as above, the Defendant applied for a loan with the intent to lend funds from the type of installment financing without the intention to purchase and hold a motor vehicle in the name of the Defendant. At that time, the Defendant did not have any particular property and did not have any intent or ability to fully repay the loan, such as shortage of living expenses, due to the lack of the operation of the restaurant.

The Defendant, by deceiving the victim by the above method, had the victim deposit KRW 29 million into the account of the automobile selling company under the pretext of a loan for vehicle purchase from the victim.

Accordingly, the defendant, in collusion with the person who was not the party to the name, by deceiving the victim, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A complaint;

1. An installment financing agreement;

1. A copy of a bankbook;

1. A copy of the certificate of arrears management; and