A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal record] On June 22, 2012, the Defendant was sentenced to two years of imprisonment due to fraud, etc. at the Seoul Northern District Court, and completed the execution of the sentence at the Jung-gu prison on April 4, 2014.

[Criminal Facts]

1. On February 17, 2016, the Defendant purchased one vehicle number D from “C 217” located in Gangseo-gu Seoul Metropolitan Government on February 17, 2016, and concluded a loan agreement with the victim Ethth Capital Co., Ltd. and paid KRW 30,000,000 per month for 60 months from March 20, 201 to February 20, 2021.

However, at the time of fact, the defendant had no intention or ability to pay monthly installments during the period of promise even if he/she received a loan from the injured party due to the absence of certain occupation, income, property, etc., and there was no intention to operate the purchased vehicle while actually possessing the purchased vehicle.

Nevertheless, the defendant deceivings the victim as above and obtained 30,000,000 won as a loan for vehicle from the damaged person.

2. On February 17, 2016, the Defendant: (a) obtained a loan of KRW 30,000,000 from the Victim Eth Capital Co., Ltd. in Gangseo-gu Seoul Metropolitan Government on February 17, 2016 from the victim’s “C 217”; and (b) provided the said D with a car as security for the said loan; and (c) created a collateral security right with a claim value of KRW 24,00,000 in the victim’s future.

The Defendant, in order to secure the Defendant’s obligation for the Defendant’s loan to the victim, set up a mortgage on the said car, and thus, did not commit any act that may hinder the preservation of the right to collateral without the victim’s consent. However, the Defendant, through one-day E, arranged the above loan and provided a third party with the said car as collateral and used the additional loan.

The Defendant was fired on February 2016.