[Defendant A] The defendant shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendant

On July 2013, A requested Defendant B to obtain a loan for the purpose of raising business funds for the first patrolman. The Defendants actually purchased a motor vehicle with an automobile purchase installment loan without Defendant A’s intent to buy and operate the motor vehicle, and there was an invitation to buy the motor vehicle with an automobile purchase installment loan, and then immediately relet the motor vehicle, and then use it as a “motor vehicle tin” for financing the money.

On July 12, 2013, the Defendants conspired to make a false request for a loan to the effect that “the Defendants will make a redemption for 28.2 million won per annum to 7.5% per annum,” to the employees in charge of Hyundai Capital Co., Ltd. in the victim’s Hyundai in the name of Defendant E, who is an employee belonging to Hyundai Motor Don-si, to purchase a franchise car in the name of Defendant A, and to the employees in charge of Hyundai Capital Co., Ltd. in order to purchase a franchise car in an amount equivalent to 33.2.9 million won per annum.”

However, Defendant A had no intention or ability to purchase and operate a motor vehicle at the time. Defendant A merely purchased a motor vehicle with a loan from the victim and planned to immediately sell the vehicle and borrow the vehicle. Defendant A was in arrears with office rent of KRW 900,000 per month from July 2013, and Defendant A had no intention or ability to repay the loan even if the loan was given by the victim without a certain property.

As seen above, the Defendants deceptioned the victim and took out a loan of 28.2 million won under the pretext of a loan to purchase a motor vehicle on the same day from the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. Application for loans, register of automobiles, details of individual deposits, details of debts, and application of Acts and subordinate statutes on installment loans for modern capital vehicles;

1. Defendants of the pertinent legal provisions and the choice of punishment for criminal facts: Articles 347(1) and 30 of the Criminal Act.