A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[2013Gohap3137] On January 6, 2011, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny in the original branch of the Chuncheon District Court, and the execution of the sentence was terminated at the Seoul Detention Center on August 13, 201, and on July 26, 2013, the Seoul Southern District Court sentenced six months of imprisonment with prison labor and became final and conclusive on August 3, 2013.

1. Joint offenses by loan fraud with the accused, B and C;

A. On December 201, the Defendant and B, and C resolved to go bankrupt without paying the above loans at a place where it is not possible to identify the place. Around December 201, the Defendant and C received loans under the name of B, purchased a heavy vehicle, sell the vehicle in another place, and divide it into the sales proceeds.

As above, the Defendant, B, and C conspired with each other to find out the place where they will purchase used vehicles with loan around December 201. On December 23, 201, B and the Defendant acquired financial benefits equivalent to the above loan by borrowing KRW 13 million from the victim on the same day, on the ground that B and the Defendant purchased EM5 in the name of the Plaintiff’s Gyeyang Life Insurance Co., Ltd. (Guseo branch) and paid the purchase price of the vehicle with loan to the employees F, which was introduced through the above medium-sized store after receiving the loan, and then made a false statement to the effect that the purchase price of the vehicle would be repaid if they were to lend the vehicle to the Defendant. However, the Defendant purchased the above vehicle by borrowing KRW 13 million from the victim on the same day, not paying the loan.

B. Around January 2012, the Defendant and B and C made a proposal that “if there exists a place where the vehicle is exported, and if the vehicle is purchased in the name of B, the vehicle would be deposited in the account in the name of B” and the Defendant and B made a false statement to purchase the vehicle, and then the vehicle would be deposited in the account in the name of B, the vehicle would be deducted from the money.” The Defendant and B accepted the proposal and resolved to commit the crime.

The Defendant and B and C conspired as above, and C, around January 2012, leased the vehicle in the name of the vehicle when the vehicle was purchased by phone call to I, a victim H employee, as if they were B.