A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

1. On June 4, 2013, the Defendant related to the two vehicles: (a) false statement to the effect that “The Defendant would obtain an installment loan from the victim under the name of the victim and purchase an automobile in the name of the victim and sell it, thereby obtaining a loan of KRW 100 million from the owner of the automobile; and (b) the Defendant received documents necessary for the purchase of the vehicle from the victim, such as two copies of the certificate of personal seal impression and a copy of the resident registration certificate, etc., from the victim, even though he/she had no intention or ability to have the victim obtain a loan of KRW 100 million.”

On June 11, 2013, the Defendant: (a) demanded the victim to purchase one car with D A, the market price of which is equivalent to KRW 26.5 million in its name; (b) received a loan from the Hyundai Capital Co., Ltd. to pay KRW 26.5 million on the condition that 36 months of installment period and 27.9% of interest rate on the same day.

On July 5, 2013, the Defendant continuously purchased one EF 1,06,000,000 won in its name from the Plaintiff, and had the Plaintiff pay the purchase price for the said car by borrowing 36 months of installment period from the Dongyang Life Insurance Co., Ltd. on the same day and 393 and 394 won of monthly payment.

Therefore, even though the defendant deceiving the victim as above and let the victim bear an obligation equivalent to 37,100,000 won in total on two occasions, and disposed of the vehicle purchased from the above loan, and received a significant refund of the proceeds from the disposal of the property, the defendant acquired property profits equivalent to 37,10,000 won in total of the above loan by not repaying the loan instead of the above loan or lending the 100,000 won as the promise.

2. On June 11, 2013, the Defendant involved in the second cell phone fraud is a mobile phone agent whose trade name in Daegu City is unknown, and the fact is a mobile phone agent with no intention or ability to get the said victim to borrow KRW 100 million to the said victim.