A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant, due to the shortage of living expenses, received a loan from the defendant to pay money under the name of the user for the purpose of selling the vehicle after visiting the job offer advertisement site to the person who has failed to report the job offer advertisement site, and then purchasing the vehicle and selling the vehicle to the person who has failed to pay the name.

On August 24, 2018, the Defendant entered into an installment financing agreement with the victim in the process of purchasing D QM6 vehicles at the C diving point located in Songpa-gu Seoul, Songpa-gu, Seoul, along with the person who was unaware of his name, to the effect that if the victim pays the purchase fund to the seller of the above vehicle borrowed by the victim, the Defendant would pay the principal and interest to the victim in installments.

However, the Defendant did not have any intention or ability to pay the loan from the beginning on the ground that the Defendant did not have any living cost at the time and did not have any intention or ability to pay the loan from the beginning on the ground that he had distributed the vehicle in the large lane even after purchasing the vehicle.

As above, the Defendant, in collusion with the person who was unaware of name, by deceiving the victim, and had the victim pay KRW 33.3 million to the seller of the said vehicle.

[In the facts of prosecution, although the facts stated that “the defendant obtained a loan of KRW 33 million from the victim and thereafter acquired a pecuniary benefit equivalent to the same amount by passing over the vehicle to the person under whose name the defendant was not the victim,” the altered criminal facts are recognized as stated in its reasoning. The altered criminal facts are included in the facts of prosecution, and they are within the scope of identity, and the date and method of deception, the amount of fraud is the same as the facts of the indictment, and the applicable provisions of law vary to Article 347(2) and (1) of the Criminal Act, and the statutory penalty or the nature of the crime is the same, even if the criminal facts so modified are recognized, it is not likely to cause a substantial disadvantage to the defendant’s exercise of his/her defense right (see Supreme Court Decision 2012Do3032, Jun.