Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

On August 17, 2012, the Defendant was sentenced to six months of imprisonment for fraud at the Daegu District Court on August 17, 2012 and the said judgment became final and conclusive on August 25, 2012.

On August 8, 2011, the Defendant: (a) decided to obtain a loan of KRW 6 million from the victim’s name at the C cafeteria located in Suwon-gu, Busan, Busan, the Defendant: (b) decided to purchase an automobile in the victim’s name; and (c) decided to allow the victim to use KRW 6 million out of the loan borrowed from the capital company as security by purchasing an automobile in the name of the party’s name; and (d) to repay the loan for four months in four months each month, the Defendant transferred the ownership of an automobile registered in the name of the party and to repay the remainder by succession to the ownership transfer registration in the name of the vehicle registered in the name of the party’s name after four months.

However, even if a motor vehicle is purchased by borrowing money from Hyundai Capital Co., Ltd. in the victim's name, the defendant did not have an intention or ability to repay the above loan or transfer the name of the lender to Hyundai Capital Co., Ltd. in the name of the defendant.

On September 6, 2011, the Defendant: (a) by deceiving the victim as above; (b) borrowed KRW 36 million from Hyundai Capital Co., Ltd. around September 6, 201; and (c) registered the transfer of ownership of the E-mail-based passenger car under the victim’s name on September 26, 2011; (c) received the said car from the victim; and (d) took property benefits equivalent to KRW 36 million.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (including the A substitute part);

1. An investigation report (request for appearance of witnesses and confirmation of statements);

1. A copy of a motor vehicle registration certificate, motor vehicle register, or transfer certificate;

1. Previous convictions in judgment: Criminal records, results of case search, and application of a copy of judgment;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.