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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
【Criminal Power】 On March 23, 2018, the Defendant was sentenced to a suspended sentence of two years for ten months, for embezzlement, etc. at the Busan District Court, and the judgment became final and conclusive on March 31, 2018.
【Criminal Facts】 The Defendant knew that the victim B, who was jointly owned by C, intends to obtain a loan as security, and received the above vehicle under the pretext of lending, and used it to use the difference after borrowing more amount than the amount desired by the said victim as security at another place.
Therefore, after confirming that the Defendant may obtain a loan of KRW 8 million from the borrower E as security, the Defendant made a false statement to the effect that, on November 8, 2016, the trade name in the Seosung-dong, Daejeon Sung-gu, is unknown, “If the said car is offered as security, the Defendant may obtain a loan of KRW 6,300,000 after deducting KRW 70,000 from the first month prior to the offering of the said car as security.” The Defendant paid KRW 700,000 as of the interest of each month, and if he pays the principal of KRW 7 million within 2-3 months, he/she shall keep the said car well.”
However, in fact, the defendant was making a living by lending money from the persons who are in bad credit standing more than that of the others, and from the beginning, the defendant was expected to borrow money from the victim as collateral more than that of the loan to the victim and use the remaining money for the cost of living. Therefore, even if the victim was provided as collateral from the victim's automobile, the defendant did not have the intent or ability to return the loan to the victim when the victim repaid the loan principal.
Nevertheless, the Defendant, as seen above, received a false statement from the victim, and received a delivery of the above automobile at market price as security for a loan of KRW 6,300,000 on the same day.
This is the defendant.