A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On June 10, 2010, the Defendant made a false statement to the effect that “it is intended to purchase and operate K7 motor vehicles, and the principal and interest shall be repaid in equal installments for 48 months for each share of KRW 596,672 on the 15th day of each month when he/she loans KRW 24 million to the sales employees of the victim Hyundai Capital Co., Ltd. at the point of Ulsan-dong, Ulsan-dong, Seoul Special Metropolitan City (U.S.) 929-1, Ulsan Special Metropolitan City (U.S.) to the effect that “I will not dispose of the said vehicle by transferring or leasing the said vehicle to another person until the loan is fully paid.”

However, at the time of fact, the Defendant was in the circumstance that monthly income, including financial right loans and bonds, reaches about KRW 50 million, was insufficient to repay interest on the existing debt and meet living expenses. Thus, even if the Defendant received a loan from the victim, he did not have the intent or ability to repay it in accordance with the agreed date. In addition, the Defendant would have purchased the vehicle through the said installment loan from the beginning and sold it to a third party.

Nevertheless, the defendant deceivings the victim as above and obtained 24 million won from the victim under the pretext of the installment loan for vehicles.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of C Acts and subordinate statutes to the complaint petition (including both accompanying documents);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant repents the defendant's wrong fact, and the defendant asserts that he only received five million won of the proceeds from the disposal of the vehicle from the loan broker, but the amount of the fraud in this case is not less than 24 million won, and the so-called "motor vehicle tin" fraud itself is very serious social harm.