A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

[2015 Highest 1049]

1. Around July 11, 2012, the Defendant purchased the Manland Cagency in Gangnam-gu Seoul under the name of the Defendant, and entered into a contract for a loan of KRW 26,900,000 from the victim Hyundai Capital Co., Ltd. for the payment of the automobile price, on the terms of KRW 7.6% of the agreed rate, repayment period, 36 months, payment period, 20 days of each month, 837,94 of the monthly payment amount.

However, the Defendant immediately disposed of and commercialized the same through a person with no name, and then divided it into a person with no name, and there was no intention or ability to repay the said loan when there was no other property or income at the time.

The Defendant, by deceiving the victim as such, had the victim pay the above amount of 26,900,000 won of the above loans on the same day, thereby acquiring economic benefits equivalent to the above amount.

[2015 Highest 1050]

2. On July 10, 2012, the Defendant applied for an automobile installment loan with the victim’s repayment of KRW 2,166,135 per month for 36 months, on the following grounds: (a) around July 10, 2012, the Defendant, at the coffee shop located in Mapo-gu Seoul Metropolitan Government, to the employees under the name-free circumstances of the Union, the victim non-member of the Plaintiff, who actually purchased dump trucks, due to the need for a dump truck.

However, even if the defendant purchased an automobile with an installment loan through an illegal loan broker, he did not have an intention or ability to pay monthly payment even if he did not receive an installment loan from an automobile and used it as living expenses, etc. immediately after the purchase of the automobile.

Accordingly, the defendant, in collusion with loan brokerage business operators, had the victim deceiving the victim, and had the victim pay the purchase price of the vehicle, thereby acquiring property profits equivalent to KRW 60,000.

(i) the evidence;