A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On December 4, 2012, the Defendant was released on July 30, 2013 and the remaining term of punishment has expired on October 9, 2013 while he/she was sentenced to eight months of imprisonment for a crime of escaping military service at the High Military Court for Armed Forces.

피고인은 2014. 5. 일자불상경 스마트폰 어플 ‘즐톡’을 통해 알게 된 성명불상자(일명 C, 이하 ‘C’이라 함)로부터 ‘네가 중고차를 구매하여 네 명의로 구매자금에 대한 할부대출을 신청하면 차를 담보로 별도 대출을 받아 돈을 주겠다.’는 제안을 받고 이를 수락하였다.

Around the 27th day of the same month, the Defendant made a false statement to the Modern Capital Co., Ltd. (hereinafter “victim”) loan staff to the effect that, in the process of purchasing the first class of the second class of the second class of the second class E high class car in Gangnam-gu Seoul at the market price of KRW 12 million in Seoul, the Defendant made a false statement to the effect that “The Defendant will faithfully pay the second class loan to the Modern Capital Co., Ltd. (hereinafter “victim”) for the 36-month period in which the Defendant is currently employed as the present operating staff and the damaged company would pay the above purchase price on behalf of the Defendant.”

However, in fact, the certificate of employment prepared as if the defendant was in office as a business employee was prepared by C in advance and was merely limited to that of the defendant. At the time, the defendant had no intention or ability to faithfully repay the above installment obligations without loss of profit due to the above installment obligations, while there was no particular revenue or property.

The Defendant, in collusion with C as above, by deceiving a staff member in charge of loans of the victimized company and making a used car loan contract as above with the victimized company, had the victimized company pay the purchase price of the said vehicle 12 million won on the same day, but did not pay the purchase price of the said vehicle by subrogation, thereby obtaining pecuniary gains equivalent to the above amount.

Summary of Evidence

1. Defendant's legal statement;

1.F.