Defendant

B Imprisonment for 5 months, Defendant A shall be punished by a fine of 5,00,000 won.

Defendant

A The above fine shall be imposed.

Punishment of the crime

The Defendants purchased a motor vehicle with an installment loan from the victim Hyundai Capital Co., Ltd. in the name of Defendant A, and concluded that the vehicle was sold to a middle and high-tech businessman and used the sales proceeds in installments.

Defendant

A around October 2012, around 2012, Defendant B issued documents necessary for the purchase of vehicles, such as a certificate of personal seal impression, resident registration certificate, copy of resident registration certificate, and copy of resident registration certificate, and Defendant B received this documents, around November 2012, upon purchasing 9 automobiles from the Megian Automobile Agent located in Gangnam-gu Seoul Metropolitan Government, at the market price of 55 million won, Defendant A prepared an application for the reduction of Mof Capital, stating the content of “40 million won of loan amount, 36 months of installment period, 5.9% of loan interest, 24% of interest rate, 24% of interest rate, etc.” in the name of Defendant A, and submitted it to the victim.

As above, the Defendants made a false statement to the effect that Defendant A would obtain a loan from the victim as he would purchase and possess a motor vehicle and pay the principal and interest of the loan in good faith. However, in fact, the above motor vehicle was purchased by Defendant B and it was thought that Defendant B would promptly sell the motor vehicle during the loan period without considering the intention to use the proceeds from sale, and thus, the Defendants did not have the intent or ability to pay the loan even if it was granted by the victim

Nevertheless, the Defendants were given a loan of KRW 40 million from the victim.

As a result, the Defendants conspired to attract the victim to receive the goods.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Application of the detailed statement of deposit transactions, application for loans and copies of written agreements, claim list, register of automobiles, and deposit details Acts and subordinate statutes;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 347(1) and 30 of the Criminal Act

1. Selection of punishment;

A. Defendant A: Selection of a fine.