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Defendant
A Nos. 6 and 1-b, c, d and 2 of the Decision No. 2017 [Attachment 6] and 1-b, d and 2 of the Decision No. 2017 [Attachment 1701].
Reasons
Punishment of the crime
[criminal records] Defendant A was sentenced to eight months of imprisonment for fraud, etc. at the Cheongju District Court on April 12, 2016, and the said judgment was finalized on April 20, 2016. Defendant C was sentenced to one year and four months of imprisonment for fraud, etc. on April 16, 2015 by the Seoul High Court and the said judgment was finalized on April 24, 2015. Defendant E was sentenced to six months of imprisonment for special larceny at the Daejeon District Court on January 21, 2016, and the said judgment became final and conclusive on November 28, 2016.
[Criminal facts] 2017 Highest 679 (Defendant A’s each crime of fraud)
1. On December 4, 2012, Defendant A, via phone call from the victim J to the victim J to give KRW 1 million per page to the victim J.
A false statement was made to the effect that the vehicle purchased within three months will have no burden of expenses by succeeding the name and installment price of the vehicle.
However, even if the defendant purchases a vehicle in the name of the victim, he/she did not have any intention or ability to succeed to the name of the vehicle and the amount of the vehicle within three months.
Around December 4, 2012, the Defendant: (a) by deceiving the victim; (b) had the victim purchase of KS3 passenger cars; (c) had the victim take out a loan of KRW 16 million from Rotten Capital Co., Ltd. in the name of the victim; and (d) had the victim take the liability equivalent to the amount of the loan; and (c) acquired the pecuniary benefits equivalent to the amount of the loan.
2. On November 20, 2013, Defendant A made a false statement to the effect that Defendant A would not bear any cost by succeeding to the name of the vehicle purchased and the installment payment in the name of the vehicle that he/she purchased when he/she paid a loan of KRW 1 million to the Defendant at the mutual infemndong-dong-dong-dong-dong-dong-si (Cheongju-si) and requesting the Defendant to “a loan of KRW 1 million.”
However, the defendant is the name of the vehicle even if the victim has fully repaid one million won.