A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On June 30, 2012, the Defendant heard that the victim D would dispose of the IMB oil 528i car from the Korea Social Services Korea (State) that IMD used to dispose of it to another person. The Defendant introduced the victim through C, and then made a false statement to the effect that “If the vehicle was transferred to another person, the Defendant would allow the lessee to succeed to the lease by July 30, 2012, thereby allowing him to succeed to the lease, and allow him to transfer the name.”

However, in fact, the Defendant borrowed money from the victim as collateral by offering it to another person, and then was willing to repay the Defendant’s personal debt with the borrowed money, so there was no intention or ability to locate a person to succeed to the lease of the said car on behalf of the victim, and thus, there was no intention or ability to transfer the name.

On June 14, 2012, the Defendant: (a) by deceiving the victim; and (b) received the said vehicle from the victim, at the Daegu Urban Bus Terminal parking lot located in Daegu-gu, Daegu-gu, 11, Dong-dong 1135, an amount equivalent to KRW 31 million at the market price.

Accordingly, the defendant, by deceiving the victim, acquired the property possessed by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the suspect interrogation records of the accused to the prosecution (including the F substitute part);

1. The second police statement concerning F;

1. Written confirmation of lease contract, vehicle acceptance certificate, and details of transfer transactions;

1. Application of Acts and subordinate statutes on a investigation report (MW vehicle lease price);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The Defendant and his defense counsel asserted that they had no criminal intent to obtain fraud at the time of committing the crime. However, the following circumstances acknowledged by the evidence revealed earlier, namely, the Defendant’s urgent money to resolve the liability problem of other leased vehicles, personal debts, etc. in a situation that is economically difficult at the time of committing the instant crime.