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

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

Punishment of the crime

The Defendant, upon receiving a proposal from a person who was killed in the name of the Defendant (hereinafter “B”), proposed that “I would purchase a vehicle by obtaining a loan from the company that purchased the vehicle, and would give four million won out of the purchase price if I sold the purchased vehicle to another person.” As such, the Defendant conspired to take the role of purchasing a vehicle by obtaining a loan from the Defendant’s name from the company that purchased the vehicle from the Defendant, and to sell the vehicle to another person and distribute the profits therefrom.

On July 11, 2012, the Defendant entered into a loan contract with the victim Hyundai Social Branch Office, Daegu-gu, Daegu-gu, Daegu-gu, Inc. (hereinafter “Seoul-gu”), and sought to purchase food CM trucks from the damaged employee in 2008.

In order to secure the above loans, false statements were made to the effect that the said truck will be mortgaged.

However, in fact, the defendant is living in a old-age and there was no certain income, and there was no intention or ability to provide a security having substantial value of security by creating a mortgage, even if he/she pays a loan to the victim or purchases a vehicle with the above loan, because he/she directly sold the vehicle purchased as above and conspired to receive the price of 4 million won.

Nevertheless, the defendant deceivings employees in the name of the victim company as above and received 45 million won loans in the name of the vehicle purchase fund from the defendant's bank account (Account Number D) in the name of the defendant from the victim.

Accordingly, the defendant was given property by deceiving the victim in collusion with the person with no name.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal complaint and a supplementary statement;

1. Application of the incidental contract, transfer contract, and the Acts and subordinate statutes of the Motor Vehicle Registration Register to the incidental contract;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;