Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On December 30, 2010, the Defendant filed an application for a loan of KRW 29.5 million from the purchase of a second class E vehicle at the D office located in Gangnam-gu Seoul High class B 318, Gangnam-gu Seoul High class B, and at the D office located in the year 2007.

However, in fact, from G to G that the Defendant came to know in the introduction of the branch F, the Defendant received a loan from the victim Hyundai Capital Co., Ltd. in the name of the Defendant, and purchased the substitute vehicle in the name of the Defendant, and received in advance a proposal to offer KRW 3 million on the condition that he will transfer the following name operated by the rental car for 3 months.

In this fact, the defendant did not have the intention or ability to pay installments to the victim even if he purchases the above Bosch Rexroth vehicle through the vehicle loan.

As a result, the Defendant, who is affiliated with the victim, deceiving He, who is a business employee of D, shall prepare an application for a loan for the second class purchase fund, and submitted a certificate of the personal seal impression, etc. according to the loan, and had the victim believe it to be true pay KRW 29.5 million to the second class trading car company, and acquired pecuniary benefits equivalent to KRW 29.5 million in installments by allowing the victim to receive the above vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the application form for Hyundai Capital, details of deposits, examination table, and register of automobiles Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel's assertion on the claim of the defendant and the defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order is acknowledged by taking account of the evidence adopted and examined by the court, since the defendant was aware of G's intent to make a profit by purchasing a vehicle in the name of the defendant, and the defendant was given a loan from the victim.