A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On October 31, 2012, the Defendant, even though he was unable to know the trade name in a used vehicle trading company with no knowledge of the intent or ability to pay the truck installments, the Defendant, “I would faithfully pay 1,959,018 won per month for 36 months from the date of lending 50 million won of the 50 tons of the 50 tons of the 50 tons of the 50 million used truck (D) as security,” and acquired the money from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of loan application/agreement, register of automobiles, and statement of transaction in Nonghyup (F);

1. Relevant provisions of the Criminal Act and reasons for sentencing under Article 347 (1) of the Criminal Act (Selection of Imprisonment)

1. Where a person commits a fraudulent act intentionally in the area of special mitigation (one month to one year) (special mitigation) in the sentencing guidelines [the range of recommending punishment] set forth in the category 1 (less than KRW 100 million) and the extent of the fraudulent act is weak, or where the victim is also liable for the occurrence of the crime or the expansion of damage;

2. Determination of sentence appears to have failed to clearly perceived that the Defendant was an illegal loan, and there is no evidence to prove that the victim has made efforts to prevent illegal loan in the name of the victim, as in the instant case.

However, the amount of money ultimately reverted to the Defendant out of KRW 50 million is excessive to KRW 15.98 million, the remaining amount was remitted to another at the request of the broker, and the vehicle is not secured, and it seems that the Defendant was aware that it was illegal loan in light of the fact that the Defendant did not raise any special objection and followed the direction of the broker, and the damage suffered by the victim is a large amount of KRW 50 million, and the special purpose is to repay it.