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Defendant shall be punished by imprisonment for not less than three years and six months.
Reasons
Punishment of the crime
On September 17, 2015, the Defendant was sentenced to a suspended sentence of ten (10) months of imprisonment due to fraud, etc. at the Ulsan District Court, which became final and conclusive on September 25, 2015. On January 7, 2016, the Defendant decided to cancel the suspended sentence and became final and conclusive on March 4, 2016.
【2015 order 2359】
1. On March 31, 2014, the Defendant committing the crime against the victim C is going to change the name in the name of the Defendant within one week after purchasing the Defendant’s low-speed vehicle with the high-speed loan from the K non capital in the name of the Defendant.
In addition, it is necessary to pay the incidental expenses after the purchase of a motor vehicle under the name of the lending company, with additional loans from the lending company, and with the full payment without a mold.
“.......”
However, the Defendant had been in excess of the obligation at the time and had been operating normally due to the lack of financial circumstances, and thus, the Defendant did not have the intent or ability to succeed to the loan or to repay the loan even if the victim received the loan.
Around March 31, 2014, the Defendant, by deceiving the victim, had the victim obtain a loan of KRW 19 million from “cases” to KRW 19 million, KRW 3 million from “san and loan” around April 7, 2014, and KRW 4 million from “Neban Ieban” around April 8, 2014, respectively, and obtained a delivery and acquired a total of KRW 26 million.
【2015 order 3197】
2. Crimes against victims D;
A. On June 20, 2012, the Defendant, at the new apartment parking lot of Jungcheon-si, Jungcheon-gu, 94-3, the Defendant: (a) purchased the vehicle to be held in the name of the distribution center and leased it to the victim; (b) leased it to the distribution center; and (c) paid rent of KRW 2,980,000 per month to the distribution center.
“.....”
However, the defendant did not have any particular property or income at the time, and the personal debt was about KRW 200 million, and there was no intention to purchase the vehicle in the name of the victim, as well as the lane.