A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On October 7, 2010, the Defendant purchased 43,826,00 won at the D agency located in Geum-gu, Busan, for the purchase of the said vehicle at KRW 43,826,00,00, and paid KRW 21,326,000 by newly receiving the credit card for the purchase of the said vehicle from the Defendant Hyundai Card Co., Ltd., and receiving KRW 22,50,000 from the victim Hyundai Capital Co., Ltd., the Defendant did not have the intent to actually operate the said vehicle, and even if the Defendant purchased the said vehicle with the credit card and the loan, the Defendant did not have the intent or ability to pay the credit card price and the loan principle at the time.

Nevertheless, in purchasing the above car, the defendant showed that he would pay the above credit card to the victim company and make a loan at the time, as above, the credit card price and loan principle was paid from the victim Hyundai Card Co., Ltd. in total of KRW 43,826,00,000 and KRW 22,50,000 from the victim Hyundai Card Co., Ltd.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F and G;

1. A copy of the application for modern capital goods;

1. Reading records of the E-Motor vehicle registration ledger (A);

1. A statement of demand;

1. A detailed statement of deposit;

1. The examination table;

1. An application for subscription to a modern card;

1. Inquiries about an individual general transaction;

1. Recording records;

1. Court Decision - Busan District Court Decision 2013No. 7001 (Defendant and defense counsel had the intent and ability of the defendant to pay credit card bills and loan principles.

The argument is asserted.

The following circumstances acknowledged by the evidence duly adopted and examined by the court, namely, ① the Defendant obtained a credit loan for the purpose of lending cash to hospital expenses, etc. and borrowed money as collateral for the instant vehicle. ② The Defendant’s income and the Defendant’s income at the time of receiving the credit loan of this case.