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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 2, 2013, the Defendant borrowed 14,000,000 won from the KK savings bank to the victim (owner) at the second-hand shop located in Yecheon-gu, Sincheon-gu, Seoul on January 2, 2013, and on security, on January 10, 2013, the mortgagee was the victim and the bond amount was KRW 14,00,000,000.
After January 2013, the Defendant provided F with a vehicle that was the object of the above mortgage on a monthly or non-monthly basis and concealed it as a security for the Defendant’s loan obligation, thereby hindering the Defendant’s exercise of rights.
Around October 8, 2013, the Defendant, along with Dong G, operated a motor vehicle maintenance shop in the name of “I” in the Nam-gu Incheon Metropolitan City H, and the Defendant, by phoneing the victimJ at the above maintenance center, saying, “A motor vehicle in 2008 type BM528i is repaired by winning a bid for auction, and will be sold at KRW 9.8 million,” and the Defendant sent a BMW car photograph from G to the victim as text messages.
However, the defendant and G did not have been awarded the said car, and there was no intention or ability to deliver the said car even if it was paid by the victim, because the defendant and G had planned to repay the debt with the money received from the victim while being urged to pay the debt from the bond company at the time.
Nevertheless, as seen above, the Defendant, by deceiving the victim together with G, was transferred KRW 9.8 million to the account of the community credit cooperative account in the name of Defendant-friendly K on the 10th of the same month from the victim.
Summary of Evidence
"2016 Highest 2329"
1. Defendant's legal statement;
1. The police statement of M;
1. Investigation report (the details of telephone conversations with F, a suspect), investigation report (the date and place in which the suspect borrowed money to F) (the date and place in which the suspect borrowed money).