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Defendants shall be punished by imprisonment for four months.
However, with respect to Defendant B, it shall be for 2 years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[Criminal Justice] On May 28, 2010, Defendant A was sentenced to four months of imprisonment for a crime of fraud at the Jeonju District Court on September 1, 2010 and completed the execution of the sentence before the crime was committed.
Defendant
B On May 7, 2013, the Suwon District Court sentenced a two-year suspended sentence of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.), and the judgment became final and conclusive on May 15, 2013.
【Criminal Facts】
Defendant
A has been provided as security for a loan but the loan has not been repaid, and after receiving a seized vehicle, it has been traded as a substitute vehicle.
Defendant
B, along with E, "F" has opened an Internet camera and recruited the owners of external vehicles, and has engaged in illegal vehicle rental business.
1. On July 28, 2012, Defendant A’s fraud: (a) knew at a place where it is difficult to know the specific location of the Gangnam-gu Seoul Central Tridong; and (b) calls from the victim G who purchased a large-scale vehicle from himself/herself; and (c) brought about to the effect that “I will sell a vehicle with a higher market price than KRW 25 million; (d) a vehicle with a higher market price than KRW 25 million is being brought about; and (e) a vehicle with a higher security than KRW 25 million is being brought about. When sending money, I will send a deposit for HW car. If I would sell it at any time.”
However, HMW car was a vehicle leased by I from a non-Mable social service Korea Co., Ltd., and Defendant B entrusted an illegal loan from I through the F “F” Internet car page, and was a vehicle leased to Defendant A for KRW 4 million per month.
Therefore, even if Defendant A received money from the victim, he did not have the right to sell or offer the said vehicle as security.
Nevertheless, Defendant A deceptioned as above and delivered the victim with HW car on the same day.