beta
Text
A defendant shall be punished by imprisonment for not more than ten months.
However, 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
1. Crimes related to car with a vehicle for free use;
A. The Defendant is a person who has been engaged in the previous used cars trading brokerage business.
On February 13, 2013, the Defendant: (a) agreed to inquire into the limit of the secured loan for a car in body C, which is owned by B, from B; (b) applied for a loan to the loan officer, who is not aware of the name of the victim FF Co., Ltd. (hereinafter “victim Co., Ltd”) in the “E” located in D, the 13th of the same month, after obtaining the registration certificate for a car in body from B, and holding it. (c) The Defendant applied for a loan as if he entered into a contract with B, the original owner of the car in body, to whom the name of the victim FF Co., Ltd. (hereinafter “victim Co., Ltd.”).
However, at the time of fact, at the time of the Defendant’s borrowing of the car registration certificate to B, the Defendant was only thought to transfer the ownership of the said car in the name of G without the consent of B, and there was no security value for the said car since G entered into a contract by which the ownership of the said car was transferred from B, and there was no security value for the said car. Since the Defendant was equivalent to KRW 40,000,000,000 without any particular revenue, and there was no intention or ability to pay the loan normally even if the Defendant
Nevertheless, the Defendant, as above, by deceiving the staff in charge of loans, whose name the victim company is unknown, received KRW 13 million from the victim company under the name of the Defendant from the H Association account (I) around February 18, 2013.
B. On February 2013, the Defendant: (a) obtained a registration certificate of a vehicle in body from B as stated in paragraph (1) of Article 1 as to the original of a notarial deed and the use of the original notarial deed; and (b) obtained a loan from the victim company by putting it in possession, the Defendant was the victim company for the notarial deed.