[former and Fact-finding] On June 20, 2014, the Defendant was sentenced to a suspended sentence of two years for fraud at the Seoul Central District Court on June 20, 201, and the said judgment became final and conclusive on December 6, 2014.

【Criminal Facts】

1. On September 2, 2014, around September 2, 2014, the Defendant made a false statement to the effect that “A victim D, who leases a motor vehicle E, which is owned by our social entity, in the vicinity of the Nongsung branch located in Gwanak-gu, Seoul Special Metropolitan City, would faithfully pay the lease cost while using the vehicle after changing the name of the contractual party to the lease in its inner name.”

However, at the time, the defendant did not have the intention or ability to succeed the leased contractor's name or to pay the lease cost properly even if the vehicle is delivered because the credit rating is low and the economic situation is not good.

Nevertheless, the Defendant, as seen above, did not change the name of the owner of the lease, even though the Defendant, by deceiving the victim, to transfer the said vehicle from the victim, and did not pay approximately KRW 5,082,80,000 to the owner of the lease, thereby taking economic benefits equivalent to the same amount.

2. On January 2015, 2015, the lower court, on the ground that: (a) on January 2015, 2015, the Defendant: (b) made a false statement to the effect that “The cost of succeeding to the lease would be necessary to change the leased contractor to the victim near the Seocho-gu Seoul Seocho-gu Denman; (c) KRW 500,000,000 was paid by the victim.”

However, in fact, it was thought that the automobile insurance premium was paid by the victim, and there was no intention or ability to use it as the lease succession cost.

Nevertheless, the Defendant, by deceiving the victim, acquired 500,000 won by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Written statements of D;

1. Previous convictions in judgment: Application of the summary agreement, auxiliary session of the case, and each copy of the judgment;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The facts constituting the crime of selective punishment;