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Defendant
A shall be punished by imprisonment with prison labor for four years and by imprisonment for one year.
Reasons
Punishment of the crime
On December 24, 2009, the Defendant was sentenced to two years of imprisonment for a crime of fraud at the District Court of Jung-gu on December 24, 201, and the judgment became final and conclusive on April 30, 201, and completed the execution of the sentence on December 24, 201, and on February 6, 2015, the Defendant was sentenced to three years of imprisonment for a crime of fraud, etc. at the District Court of Jung-gu on February 6, 2015 and had no fixed occupation for which the judgment became final and conclusive.
1. On the ground that small and medium enterprise operators suffered financial difficulties because they were unable to obtain additional loans, the Defendant: (a) allowed the victim G, the operator of the State F, to purchase a vehicle under the name of the victim to raise operating funds using installment financing; (b) decided to use the vehicle; and (c) explained the method of loan to the victim with H and I upon introducing the victim from H; and (d) conspired with the said H, etc. to dispose of the vehicle under the victim’s name.
On September 13, 2012, the Defendant made a false statement to the effect that “A” in the “M” in K located in the Seo-gu Incheon, Seo-gu, Incheon, in the presence of the above H and I, the Defendant would purchase a vehicle in the form of a car through capital in the name of the party or corporation, make a lump sum payment within one to 1 to 2 months, write down the credit rating by making an installment in the name of the party or corporation, and then provide an additional purchase of the real estate owned by the internal owner as a security, and then dispose of the more vehicle and prepare money.
However, at the time of the fact, the Defendant did not own the real estate that was paid in installments in a lump sum and was provided as security, and the vehicle purchased in the name of the victim, etc. was also planned to provide it as security to the bond company immediately, so there was no intention or ability to prepare money for the victim by purchasing more additional vehicles and disposing of them.
As such, the Defendant, by deceiving the victim, purchased a nive vehicle around September 14, 2012 from the victim, and let the victim purchase it as security.