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A defendant shall be punished by imprisonment with prison labor for up to six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On October 19, 2016, the Defendant was sentenced to one year of imprisonment with prison labor and two years of suspended execution at the Seoul Eastern District Court for fraud, and the judgment becomes final and conclusive on October 27, 2016.
【Criminal Facts】
1. Fraud of vehicle security loans;
A. A. On March 23, 2015, the Defendant: (a) asked B to find out a person who lent money to B, stating, “The owner of a vehicle is entitled to take a vehicle as collateral and pay interest; (b) intends to borrow money with the vehicle as collateral; (c) safe goods are to be paid and the borrower will pay the money as soon as possible; (d) because the interest rate per month is KRW 700,000,000,000, which is calculated by subtracting KRW 9.3 million from KRW 10,000,000,000,000,000,000 is deducted from KRW 9.3 million, the Defendant may receive a return; and (e) thereafter, B requested to find out a person who borrowed money from the victim of a vehicle in the trade name of the United States located in Busan at that time.
However, at the time, the owner of the vehicle register and the actual operator are different vehicles, and the defendant was not requested by the owner of the vehicle in question to borrow the vehicle as collateral. Even if he received the money from the victim, he did not have the intent or ability to receive the loan from the owner of the vehicle after one month and deliver it to the victim.
As a result, the defendant received 9.3 million won from the victim as a collateral loan on March 23, 2015 and acquired it by fraud.
B. On April 12, 2015, the Defendant: (a) stated, through B, that “The owner of KaNS vehicle intends to borrow money by taking charge of the vehicle as security; (b) safe goods will be and the borrower will pay the money as soon as the borrower would have paid; (c) the Defendant may pay the money after the payment of the money.”
However, at the time.