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Defendant shall be punished by a fine of KRW 4,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
On October 30, 2012, the Defendant applied for installment financing as a used motor vehicle E to a counselor E who was delegated with authority by Hyundai Capital Co., Ltd., the victim, by purchasing a used coo car located in Suwon-gu, Suwon-si, Suwon-si, Gyeonggi-do.
However, in fact, even if the vehicle was purchased with the above installment financing loan, the purpose was not to operate the vehicle, but to provide the vehicle to the loaner called F and G, and to lend cash.
In such a case, under the principle of good faith, the defendant is obligated to notify the victim of the circumstances that he would obtain financing by means of a vehicle installment financing loan without the intention to purchase and hold the vehicle in advance.
Nevertheless, F and G applied for the installment financing of used cars without notifying it as ordered by F and G, and it was paid to the victim KRW 46,900,000 as a loan, by allowing it to enter into a contract for installment financing from Hyundai Capital Counseling Institute E.
Accordingly, the Defendant, in collusion with F and G, induced Hyundai Capital E, thereby acquiring property benefits amounting to KRW 46,900,000 from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Complaint;
1. Application of a copy of an application for loan, a copy of motor vehicle register (A), and a copy of motor vehicle takeover certificate;
1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;