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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On July 15, 2010, the Defendant was sentenced to three years of imprisonment by the Gwangju High Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief). On January 2, 2013, the Defendant completed the execution of the sentence at a Bapo Prison.
B using the fact that a vehicle is not actually confirmed in the course of a vehicle security loan, the Defendant A offered a so-called “automobile registration certificate of an accident” under the name of A, which remains as normal even though the actual operation is impossible because the vehicle does not exist or the vehicle is left alone in the industrial company due to an accident, etc., and offered a bid with the Defendant to distribute the loan after having performed a vehicle security loan in the name of A.
Accordingly, on December 7, 2013, Defendant A applied for a loan to the effect that, using documents, such as the registration certificate of a cruise car, which is “accident vehicle registration certificate” received from B, Defendant A shall obtain a security loan under his/her own name, and Defendant A shall obtain a loan to the employee in charge of the payment of the victim’s name and unsound loan [the current KB Capital Co., Ltd.] from the employee in charge of the payment of the victim’s non-name loan [the above cruise car shall be loaned at KRW 12 million and the above cruise car shall be purchased and repaid at KRW 445,351 per month for 36 months after the mortgage is created on the above vehicle.”
However, the defendant and B did not have the intention or ability to make the victim repay the loan even if they receive the loan from the injured party, or make it possible for the victim to exercise the legitimate mortgage in the event of delinquency in the payment of the loan, because the defendant and B want only the loan without the vehicle registration certificate.
Nevertheless, the Defendant and B were delivered 12 million won as a single bank account in the name of B from the injured party on the same day.
In this respect, the defendant and B conspireded to deceive the victim and take the property by deceiving the victim.
Summary of Evidence
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. B.