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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
[Criminal Records] On June 10, 2016, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Seoul Southern District Court on the 18th day of the same month and the judgment became final and conclusive.
[2] On June 2013, the Defendant became the representative director of D Co., Ltd. (hereinafter “D”) under the name of D Co., Ltd. (hereinafter “C”) in accordance with the proposal of “C” as of June 2013 at the time of temporary non-existence of the name. Since D had no assets or sales as a de facto discontinuance of business, there was no desire to own and operate a motor vehicle even if purchased a motor vehicle under D’s name, and the Defendant was in a state of no special property or monthly income. As such, even if the purchase price of a motor vehicle was granted, the Defendant was aware of the fact that the said “C” did not have any intent to repay the loan, as well as the said “C” did not have any intent to do so.
Nevertheless, the Defendant and the above “C” conspired to receive a loan from the purchase price to purchase the benz car in the name of D, and then sell the benz car to a third party who is unable to identify his personal information.
1. Around June 17, 2013, the Defendant entered into a contract to purchase Ebenz’s automobiles at Mez sales stores located in Seocho-gu Seoul Metropolitan Government (hereinafter referred to as Seocho-gu Seoul Metropolitan Government) at KRW 140,70,000,000. On June 25, 2013, the Defendant: (a) made a false statement to the effect that, around June 25, 2013, the Defendant would make a loan to the D office located in Gwanak-gu Seoul Special Metropolitan City (hereinafter referred to as “victims Korea”); (b) the Defendant was not only the actual representative of D but also D is engaged in business; and (c) the purchased benz’s car is deemed to be operated on duty while holding in D; and (d) made a false statement to the effect that the loan would be repaid at KRW 100,000,000 won on KRW 245,48,000 per month.
This is the defendant.