Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On January 12, 2012, the Defendant was sentenced to a suspended sentence of two years, etc. at the District Court for criminal fraud on October 10, 2012 and the said judgment became final and conclusive on January 20, 2012.

As the Defendant failed to repay KRW 16 million borrowed from C, the Defendant proposed to obtain a loan as security for the Dbenz E500, which was temporarily lent from the non-standing party, and the Defendant and C offered to the original owner for a return of the loan, by making the loan as security for the said car to the victim E, who is a social sub-party, and making the loan as soon as the loan was immediately repaid.

Around 15:00 on June 15, 201, C called “A has a vehicle on behalf of the victim” and demanded “A to lend money to the victim as collateral.” As the victim confirms the ownership of the vehicle, C makes a false statement to the effect that “A has a vehicle in a three-year relationship, and it is not an issue, and the vehicle will be repaid immediately once it is lent to 14 million won as collateral.”

However, in fact, since the car was borrowed by the Defendant at the time and was not operated by the Defendant’s third village, the Defendant and C did not have any intent or ability to immediately return the principal to the original owner on the following day, even if they borrowed money as collateral, as if they were fully prepared to repay the money.

In collusion with C on June 15, 201, the Defendant received KRW 14 million from the victim to the national bank account (F) in the name of C on June 15, 2011.

Summary of Evidence

1. Partial statement of witness E;

1. Each police statement of E;

1. Previous records of judgment: Criminal records, references to criminal records, the search of cases of the Supreme Court, and the application of statutes governing judgment;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 of the Criminal Act and Article 39(1) of the same Act concerning concurrent crimes;