A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[criminal history] On July 6, 2016, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Busan District Court, and completed the execution of the sentence at the Jinju prison on February 10, 2017.

[Criminal facts] In 2016, the Defendant was detained as a crime of fraud and became aware of the victim C while being detained in the Busan detention center.

On May 1, 2017, the Defendant purchased the benz car in the name of D in the form of a lease contract because “B, the land of B,” has good credit.

Until then, the term "along with the loan of a car outside the country" refers to "a license in the name of D, a certificate of personal seal, a copy of the passbook, etc.

After inquiring about the credit of the victim, the victim judged that he/she has a credit to enter into a financial lease agreement equivalent to the full amount of the vehicle price, and the defendant lent the BMW 528i car to the victim's 28 million won at the market price on which he/she was on board.

On May 19, 2017, while the Defendant was in custody of the said passenger vehicle for the victim, the Defendant was affiliated with the victim and was in charge of entering into the lease contract at the time of the purchase of the vehicle, and there is no fact that the Defendant delegated the Defendant with the right to purchase the vehicle.

D will purchase from the Defendant a passenger car at the rate of KRW 60 million which is equivalent to the market price.

10,000,000 won was loaned by D and paid 50,000,000 won for the remainder of the loan.

‘Falsely speaking, the above documents, including the resident registration certificates, received from D as a whole.

Before the end of the statement to the effect that “Around July 31, 201, the Defendant refused to return the said vehicle, despite having received a demand from the injured party to return the said vehicle, and the Defendant received cash of KRW 5 million from E and embezzled the said vehicle at will on July 31, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A motor vehicle registration certificate (F), a copy of identification card, and a copy of passbook; and