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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 27, 2012, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Seoul Central District Court for the same year.
2.4. The above judgment has become final and conclusive.
The Defendant is a person who has lent money as security to a vehicle and has been engaged in the credit business between “C” in which he/she receives interest thereon.
1. On November 29, 2010, the Defendant in breach of trust borrowed KRW 14,460,00 from the F delegated by the victim E to secure the repayment of borrowed money, and provided the victim with one passenger car in his/her custody as collateral and all documents necessary for the establishment of collateral, such as a waiver note prepared by the owner of the said vehicle in his/her name, and thus, the duty to keep the said vehicle for the purpose of collateral was incurred until the said loan is repaid.
Nevertheless, around December 2010, the Defendant transferred the said Ecoos car free of charge to I while in violation of the above duties, and sold the said Ecoos car to J, which operates a mutually unclaimed motor vehicle in Gangseo-gu Seoul Metropolitan Government, to J around February 201, which sells the said Ecuas car at KRW 6 million.
Accordingly, the Defendant took a property profit equivalent to KRW 6 million according to the disposition of the said car, and inflicted a loss equivalent to KRW 14,460,000 on the victim.
2. On February 9, 2011, the defrauded concluded that “If the Defendant borrowed money from the Loan Company’s office as set forth in paragraph 1, the Defendant offered the money as security to the said F with the victim’s right delegated to him/her, he/she would pay interest at 3% per month and the principal will be repaid within three months.”
However, in fact, the defendant did not have the intention or ability to provide the above car to the victim as security, and borrowed money from the victim.