beta
Text
A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
On November 17, 2016, the Defendant was sentenced to imprisonment with labor for fraud, etc. at the Incheon District Court on November 17, 2016, and the said judgment became final and conclusive on November 18, 2016.
1. Fraud;
A. On February 5, 2013, the Defendant, at the office of “C” located in Seocho-gu Seoul Metropolitan Government, around February 5, 2013, concluded a loan agreement with one victim and one cargo vehicle purchased under the name of “C” located in Seocho-gu Seoul Metropolitan Government, and concluded a loan agreement with one cargo vehicle purchased under the name of “C” in the name of Defendant’s management, and the injured party was able to faithfully repay 368,230 won each month for 36 months of lending KRW 9.5 million each month.
However, at the time of fact, the Defendant did not have any particular property due to bad credit standing, and the Defendant’s management company was also suffering from loss without any profit. Therefore, even if the Defendant received a loan from the injured party, the Defendant did not have the intent or ability to repay it as above.
The defendant deceivings the victim as above and borrowed 9,500,000 won from the victim on the same day.
B. On April 17, 2013, the Defendant: (a) around April 17, 2013, entered into a loan agreement with the said victim for the first cargo vehicle purchased under the name of the said Defendant’s management; and (b) concluded a loan agreement with the said victim for the first cargo vehicle; (c) the injured party would have been able to faithfully repaid KRW 8.6 million each month for 36 months during the said loan period.
However, in fact, the Defendant did not have the intent or ability to repay the above loans due to the circumstances such as the above paragraph (a).
The defendant deceivings the victim as above and borrowed 8,600,000 won from the victim on the same day.
2. On February 7, 2013, after receiving a loan of KRW 9.5 million from the above injured party, as described in paragraph 1-A, the Defendant interfered with the exercise of rights, and around February 7, 2013, the Defendant secured the victim’s claim amount of KRW 2.85 million as to vehicles stated in paragraph 1-A.