Defendant shall be punished by a fine of 6 million won.

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

Punishment of the crime

Extraordinary 2013 sets-off2781

1. Around August 2008, the Defendant was unable to properly meet the living cost due to the lack of any special property or income, while the Defendant was urged to repay bonds borrowed from another person, which was not repaid. Moreover, even if the Defendant was requested by the owner of the BMW car operated at the time to “the lending of money to a third party as collateral,” the Defendant did not have any intent or ability to offer the said vehicle as collateral or to repay the said money, even if he borrowed money from the victim B.

On August 25, 2008, the Defendant made a false statement to the effect that “D” restaurant for the victim’s operation in Seoul Special Metropolitan City, Nowon-gu, “D” would have a customer who has a passenger car, and the customer would have lent money to the victim as collateral. If the money is lent, the Defendant would again lend the money to the person and receive high interest.”

As above, the defendant deceivings the victim, and is in its possession from the victim for the purpose of borrowing 20 million won from the victim; the same year.

9.On 29. Around 29.20,000 won received at the above restaurant a total of 25 million won.

Extraordinary 2013 High Court Decision 2782

2. On December 7, 2009, the Defendant, while under the influence of alcohol with a blood alcohol content of 0.098% without a vehicle driver’s license, driven the E rocketing car from around approximately 200 meters away from the front of the upper wing-dong of Seoul Jung-gu to the road of about 89-5, Jung-gu, Seoul.

Summary of Evidence

The fact of No. 1 at the time of sale

1. Defendant's legal statement;

1. The police statement concerning B;

1. Complaint;

1. An investigation report (Attachment to a list of deposit transactions);

1. The second fact at the time of selling a copy of the certificate of cash custody;

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes on license ledger;

1. Relevant Article 347(1) of the Criminal Act for criminal facts (Fraud) and Article 347(1) of the former Road Traffic Act (amended by Act No. 9845 of Dec. 29, 2009).