Defendant

A shall be punished by imprisonment with prison labor for six months, and by a fine of five million won.

Defendant

B The above fine shall not be paid.

Punishment of the crime

[Criminal Justice] On May 14, 2018, Defendant A was sentenced to one year of imprisonment for a crime of fraud at the Jung-gu District Court, which became final and conclusive on June 14, 2018.

【Criminal Facts】

Defendant

On February 18, 2016, A made a lease agreement under the name of Defendant B with respect to the victim E and FMW 528i vehicles at the D exhibition center located in Yongsan-gu Seoul Metropolitan Government, with the content that the victim E and FMW 528i vehicles are paid monthly user fees for 48 months from February 19, 2016 to February 20, 2020.

Defendant

A, while entering into a lease agreement as above and keeping the said vehicle, need to pay money due to Defendant B’s entertainment room.

In order to obtain a loan as security for the MFW vehicle, the name is changed.

If a letter contract is prepared in the office, it is called with a certificate of personal seal impression.

The loan shall be settled within one to two months, and he/she shall not be able to solve.

On September 7, 2016, the Defendants received KRW 18 million from the G bank account in the name of Defendant B (H) by offering the said vehicle as security to the credit service provider, and borrowing KRW 18 million after deducting the pre-paid interest from the pre-paid interest at the closed business establishment located in the road in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu.

Accordingly, the Defendants conspired and embezzled the victim's property.

Summary of Evidence

1. Defendants’ legal statement

1. Examination protocol of Defendant B (2, 2, 3)

1. Statement of police statement to I and J;

1. A complaint;

1. Full certificate of the registered matters;

1. An application for financing;

1. An agreement on management lease;

1. Contract certificate;

1. Records of currency;

1. Receipts:

1. The register of automobiles (F);

1. Court rulings;

1. Details of the entry into and withdrawal from the G Bank;

1. Investigation report (the contents of K currency for reference);

1. Previous records of judgment: The results of inquiry, investigation reports (Attachment, etc. of copies of written judgments of the same kind A of a suspect), investigation reports (verification of details punished for fraud by a suspect A), and application of Acts and subordinate statutes;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;