A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

On January 15, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor for special larceny at the Seoul Central District Court (Seoul Central District Court) and completed the execution of the sentence at the Seoul Detention Center on September 9, 2015.

Criminal facts

[2016 Highest 4293]

1. From January 15, 2016, the Defendant arbitrarily granted the said car to E as a collateral for the loan amounting to KRW 15 million, while he/she leased the said car to D in the middle and high-class store located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, with the market value of KRW 25 million owned by the victim C. On January 15, 2016, the Defendant arbitrarily granted the said car to E as a collateral for the loan amounting to KRW 15 million.

Accordingly, the defendant embezzled the victim's property.

2. Fraud;

A. On or around January 15, 2016, the Defendant would provide the victim E with a coo vehicle as security before the mutual influence house located in Gangnam-gu Seoul Metropolitan Government Station, with “15 million Won or KRW 20 million loaned to the victim E, with a high interest rate of 10 days after the payment of the interest and the passage of the coo vehicle on the security.

“A false representation was made.”

However, the fact was that the defendant was in a state of bad credit and bad credit at the time, and there was no right to offer coos car as security, so even if he borrowed money from the injured party, he did not have the intention or ability to complete payment.

As such, the Defendant, by deceiving the victim, obtained the delivery of KRW 15 million from the victim to the victim, i.e., the money borrowed from the seat.

B. On January 25, 2016, the Defendant called the victim E in the G’s residence located in Gangnam-gu Seoul, Gangnam-gu, and repaid the full amount by adding up the amount of money borrowed prior to the loan of KRW 5 million.

“A false representation was made.”

However, since the defendant was in a position and bad credit position at the time, he did not have any intent or ability to repay money even if he borrowed money from the injured party.

The defendant deceivings the victim as such, and thereby deceiving him.