A defendant shall be punished by imprisonment for four months.

Punishment of the crime

【Defendant A was sentenced to six months of imprisonment for fraud at the Incheon District Court on September 6, 201, and the enforcement of the sentence was terminated in the Incheon Detention House on June 20, 2012. On October 16, 2013, the same court was sentenced to ten months of imprisonment for the same crime, etc., and is still pending in the appellate trial.

【Criminal Facts】 Defendant, P is a secondhand trader, and Q is the Defendant, P, a person who would receive a loan of KRW 1 million from the Defendant, P, and Defendant and P, even if they purchased a secondhand car under Q’s name, they were considered to immediately dispose of it and make a loan, and thus, they were not subject to installment financing.

Nevertheless, around 20:00 on February 1, 2013, the Defendant and P agreed to purchase 11,800,000 or more of 11,80,000 or more of TRG used cars in the name of Q from the J Office, Inc., Ltd., an installment financing agent company in Seo-gu Incheon, Seo-gu, Incheon, under the agreement to pay the 11,80,000 won with the loan from the victim non-Esp Capital Co., Ltd., the Defendant and P submitted an installment financing agreement to the victim that “a loan shall be repaid in 487,453 won per month for 36 months.”

As a result, the Defendant and P conspiredd with the victim, thereby deceiving the victim as above, and then transferred KRW 11,80,000 to the P account on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol on P or L;

1. Each police suspect interrogation protocol of L, P, and Q;

1. The police statement of S;

1. A complaint;

1. A written agreement on installment financing and misleading, request for remittance of proceeds, certificate of receipt of goods, power of delegation, certificate of personal seal impression, certificate of registration of automobiles, standard contract for loan contract, statement of transactions, certificate of loan, and written statement;

1. Application of criminal records and a copy of judgment;

1. Article 347 (1) or 30 of the Criminal Act applicable to the crimes. Article 347 (Selection of Imprisonment)

1. Article 35 of the Criminal Act among repeated crimes;