【Criminal Power】 On April 3, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Game Industry Promotion Act at the Seoul Eastern District Court, and the said judgment became final and conclusive on April 11, 2014.

【Criminal Facts of Crimes】 On July 23, 2012, the Defendant concluded a loan contract with the Defendant at the victim Hyundai Gacker Social Daejeon Branch of the Daejeon-dong 1277, Seo-gu, Seo-gu, Daejeon on July 23, 2012, setting loans at KRW 58 million and the installment period at KRW 48 months under the pretext of the purchase price for the cargo vehicle from the said victim.

However, even if the Defendant received the loan from the victim, he did not have the ability to repay the loan, and was merely lending the name of the actual purchase of the cargo to the person who is not aware of the name of the actual purchase of the cargo, and there was no intention to repay the loan.

Nevertheless, the defendant received 58 million won as a loan from the victim.

Accordingly, the defendant acquired property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A complaint;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (case reporting);

1. Article 347 (1) of the Criminal Act applicable to the crime (Fraud or Selection of Imprisonment);

1. Considering the fact that the amount of damage caused by the instant crime is a large amount of damage and the damage is recovered or not agreed with the victim for the reason of sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act, a strict punishment against the Defendant is inevitable.

Accordingly, the punishment as ordered shall be determined by comprehensively taking into account the facts revealed in the arguments, such as the confession and reflectiveness of the defendant, equity in the case where the defendant is tried at the same time as before the judgment, and the age, character and conduct, occupation, intelligence and environment of the defendant, motive and background of the crime, means and method of the crime, circumstances after the crime, etc.