Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant was sentenced to four months of imprisonment with prison labor at the Seoul Central District Court on July 23, 2013 and the said judgment became final and conclusive on December 24, 2013.

On February 10, 2012, the Defendant borrowed money from the victim D as the representative director of the company C at the Buddhist Ho-si located in the Namyang-si, Gyeonggi-do, and falsely stated, “I will pay money within two months if I lend the business fund. If I fail to pay money within this, I will transfer benz E300 (E) vehicles or sell it and will repay the borrowed money in return.”

However, the above car entered into a contract with Hyundai Capital Co., Ltd. on the condition that it will return it to Hyundai Capital Co., Ltd. when the lease term expires. Thus, without the consent of Hyundai Capital Co., Ltd., Co., Ltd was unable to acquire ownership of the above car or offer it as security. The money shortage did not have any property to repay the borrowed money within two to three months, and thus there was no intention or ability to repay the borrowed money from the victim even if it was borrowed from the victim.

Nevertheless, as above, the Defendant received from the victim a false statement, i.e., 11,00,000 household checks worth KRW 11,00,000 as a loan, from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning D;

1. A complaint;

1. Investigation report (Details of telephone communications with the freeboard Capital Co., Ltd.);

1. A notification of succession lease contract, succession lease agreement, acquisition certificate of succeeded vehicle, statement of automobile lease termination, sales contract for a used vehicle, application for termination of a used vehicle, sales contract for a vehicle, register of automobiles and estimated amount of payment for rent;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification reports on the date of confirmation of the judgment), and application of Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;