A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant received a loan from a installment financing company and purchased a vehicle in the name of the defendant, and purchased the vehicle without repaying the loan, with the intention of selling it to another person and acquiring the selling price.

On February 12, 2009, the Defendant stated, “On February 12, 2009, the Defendant would pay KRW 8 million out of the vehicle price of KRW 33 million to E, an employee of Hyundai Capital Co., Ltd.” as an advance payment. On February 36, 2012, the Defendant paid KRW 792,088 each month for 36 months from February 2012 to February 36, 2012.”

However, the defendant did not have the intention or ability to pay the installment even if he purchased an automobile in installments.

Nevertheless, the Defendant, by deceiving the victim as above, entered into an agreement on a loan agreement for automobile purchase under the condition that 25 million won will be repaid for 36 months to the victim and the F Oursian car with the victim. The Defendant paid 3,611,262 won out of the loan and paid 21,38,738 won of the remainder of the loan, and sold 23 million won to G within six days from the date the car was purchased.

Accordingly, the defendant deceivings the victim and defrauds the amount of installment equivalent to KRW 25 million.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to H;

1. It is inevitable to sentence an accused to a sentence in light of the relevant Article of the Criminal Act and Article 347 (1) of the Criminal Act, which have not recovered from damage to the grounds for sentencing, etc.;

However, the defendant reflects the mistake, paid 3.6 million won out of the installment payment as above, additionally deposited 2,000,000 won for the victim, the defendant is the primary offender, and other defendants.