A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On January 28, 2011, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Central District Court for fraud, and the said judgment became final and conclusive on August 5, 2011.

[2012 Highest 444]

1. The Defendant, from around December 2010, has been engaged in the business of arranging side loans and granting loans to the E, a business employee, who is the victim D, operated by the victim D from Daejeon Seo-gu, Daejeon, as a broker for side loans.

On March 4, 2011, the Defendant: (a) received KRW 17,000,000 from the victim and kept for business purposes the total amount of KRW 25,00,000,000 from March 8, 2011; (b) used KRW 15,727,30 from March 4, 201 to March 7, 201, the Defendant embezzled the victim’s property for personal purposes, such as repayment of personal debt.

2. Fraud;

A. When the Defendant could not deliver a vehicle to F by arbitrarily using the above loan, he borrowed the money from the victim D to borrow the money, and paid the money to F or a vehicle seller to F or to deliver the vehicle to F.

Around March 9, 2011, the Defendant attached the head of the Tong to the victim “I sold the ship owned by the Defendant, and there is any defect in the sale of the ship,” thereby, I cannot release the vehicle to F because I cannot collect the loan to be paid to F deposited in the head of the Tong. I would not deliver the vehicle to F if I would pay to the vehicle seller the 19,800,000 won to F if I would deliver the vehicle to F if I would pay the 19,800,000 won to the vehicle seller. If I would pay the 19,800,000 won to the vehicle seller, I would have you would pay the H he owns even if I would sell it.”

However, the above loan could not be released from the vehicle to F at will, but the double buyer could not release the vehicle by attaching the passbook of the defendant, and the above H is only in the name of the defendant in the future.