A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 30, 2010, the Defendant stated, “Around November 30, 2010, the Defendant loaned KRW 30 million to an employee who is unable to know his name at the Gangnam-gu Seoul Metropolitan Government Office of Modern Capital Co., Ltd. on the first floor of the building, with a loan of KRW 30 million to KRW 36,00,000 as a 36-month unit, the principal and interest shall be repaid at once, and the said vehicle shall not be arbitrarily disposed of without the consent.”

However, the Defendant did not have any intent or ability to repay the loan even if the Defendant was granted a loan from the victim due to the absence of certain income or special assets, and the Defendant thought that he would immediately offer the loan to another person as collateral and borrow the business fund.

Nevertheless, the Defendant made a false statement as above, and obtained a loan of KRW 30 million from the above employees on that day, and acquired it by money as the purchase fund for the said car.

Summary of Evidence

1. Police for the accused and each protocol of examination of the suspect by the prosecution (including D statements);

1. Each police statement of E and D;

1. Written statements of D;

1. Investigation report ( telephone communications of a public official in charge of seal impression);

1. Application for vehicle loan, details of claim, register of automobiles, agreement on loan, certificate of personal seal impression, loan certificate, certificate of automobile registration, and certificate of automobile transfer;

1. Relevant legal provisions and choice of punishment for criminal facts: The defendant, on the grounds of sentencing under Article 347(1) of the Criminal Act, borrowed money from D immediately after the registration of the vehicle, did not pay the installment for the vehicle in the victim company at all after the registration of the vehicle, taking into account the fact that the location of the vehicle is unknown while being tried, and that there is no agreement with the victim, etc., a sentence shall be imposed; however, considering all the circumstances indicated in the record including the fact that no criminal record exists in addition to the two traffic-related fines, and the circumstances indicated in the record, it is decided as per the sentencing guidelines within the scope of the recommended sentencing [the basic area of type 1 of the crime of fraud: imprisonment of June to June].