A defendant shall be punished by imprisonment for three years.

The defendant shall pay 37,600,000 won to the applicant for compensation for fraud.

Punishment of the crime

[Majority Opinion] On April 16, 2013, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Seoul Southern District Court on April 16, 2013 and completed the execution of punishment on June 11, 2016.

[Criminal facts]

1. On January 13, 2017, the Defendant: (a) purchased FMW520d vehicles from “E” offices located in Gangseo-gu Seoul Metropolitan Government D; (b) obtained a loan from the Victim A deposit bank on condition of repayment in 48 months; and (c) granted a maximum amount of KRW 30 million for the said vehicles.

Nevertheless, on July 2017, the Defendant obtained a loan from a person who is a bonds company's name while failing to repay the loan, provided the above vehicle with double security and transferred possession, thereby hindering the Defendant from exercising his right by concealing the above vehicle which was the object of the rights of the bank in the case of the victim.

2. On April 2017, the criminal defendant against the victim G was in the state of meeting the personal debt of KRW 20 million, and was in the state of having been running the business. Since there was no special property and no certain income from the loan, there was no intention or ability to repay the debt even if he borrowed money.

A. On April 28, 2017, the Defendant committed a crime in around April 28, 2017, from the dong Agricultural Cooperative located in 99, Seogdong-ro, Gwangju, Northbuk-gu, about April 28, 2017, “The amount of money to intend to engage in friendship and business is insufficient to the extent of KRW 20 million.

If a lending company receives money from a lending company and lends it to B, it shall be repaid without money.

In a lending company’s false statement to the effect that “The telephone will only be “N” under the condition of this term.

In other words, the Defendant, by deceiving the victim as above, received 22 million won from the victim who was financed by the lending company to the Defendant’s name account (CFH).

B. The Defendant committed the crime of early June 2017, in the vicinity of the Agricultural Cooperative located in the Southern-gu Seoul metropolitan area, the Defendant was the victim on June 1, 2017.