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Defendant
A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a year.
However, as to Defendant B, this shall not apply.
Reasons
Punishment of the crime
On October 31, 2019, Defendant A (Defendant A) was sentenced to six months of imprisonment with prison labor at the Seoul Southern District Court for fraud, and the judgment became final and conclusive on November 8, 2019.
around August 5, 2017, Defendant A entered into a vehicle rental agreement with the victim company, E, a rental car operated by the victim company, and FK7 passenger car owned by the victim company, up to June 5, 2018, with a fixed monthly rent of KRW 800,000,000,000,000 for lease from the victim company, and kept the said car for the victim company, around January 27, 2018, Defendant A used 4.8 million from the street above the “H” located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, as collateral.
Defendant A made a false statement to the effect that “A, on March 2, 2015, sells the first floor L of the JAA, which is located in Seocheon-si, Seocheon-gu, Seocheon-si, Seocheon-si, and that “A, at Sinung-si, is engaged in distribution business that sells the first floor L of the KA and makes profits from the purchase of the goods in the form of dumping, but, at the same time, purchases the goods as security of the commercial building’s registration certificate, certificate of personal seal impression, and certificate of seal impression, and then sell the goods, and then, sell them, and pay the proceeds therefrom KRW 95 million.”
However, even if the defendant received the registration certificate, etc. of the above commercial building from the victim, he did not have the intent or ability to pay the amount of the purchase price to the victim with the proceeds after purchasing and selling the commercial building as security.
As above, the Defendant, by deceiving the victim and obtaining a registration right, certificate of personal seal impression, or seal imprint from the victim, did not pay KRW 95 million, which was promised to the victim, even though the Defendant, on March 11, 2015, created the right to collateral security of KRW 100 million with the maximum debt amount to the said commercial building as a mortgagee.