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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 27, 2013, the Defendant was sentenced to a suspended sentence of ten (10) months of imprisonment with prison labor at the District Court for fraud, and the judgment became final and conclusive on July 5, 2013.

The defendant is a person engaged in the sale of used cars.

1. On October 14, 2010, the Defendant: (a) around 14, 2010, sold EMW528i vehicles owned by F to a third party in the way of leasing and succeeding to the vehicle owned by F from the victim EMW528i vehicle; and (b) on the condition that the Defendant would bear the lease cost and insurance premium until the succession is completed.

The Defendant, as seen above, embezzled the foregoing car as collateral in the amount equivalent to KRW 60 million at the market price by borrowing KRW 15 million from H company located in Yongsan-gu G around January 2012 due to difficulties in paying leasing costs and insurance premiums any longer while the Defendant kept the said car for the victim.

2. Around April 6, 2011, the Defendant: (a) at the Korea Automobile Trading Company in Seongdong-gu Seoul, Seongdong-gu, Seongdong-gu, Seoul, 234, the Defendant said that “I want to purchase J J JJ car in the name of L; (b) I borrowed KRW 17 million with the purchase fund; (c) I want to establish a collateral security right in the name of the victim on the said car; and (d) to repay the loan without the molding title.”

However, even if the Defendant borrowed KRW 17 million, the Defendant transferred ownership of the said passenger car to L, and did not have any intent or ability to set up a collateral security or to complete a loan to the victim.

The Defendant, as above, by deceiving the victim as above, received KRW 17 million from the victim under the pretext of the middle loan loan.

3. The Defendant, on June 2, 201, was from the “P” used vehicle selling company of the “P” operation of the O located in Mangsan-gu, Seoyang-gu.