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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
"2017 Highest 205"
1. On March 3, 2014, the Defendant: (a) purchased used cars and sold them; (b) reserved cars until April 1, 2014, the Defendant would pay the principal and profit to the victim C by investing KRW 20 million in KRW 40,000,000 in total by investing KRW 20,000,000.
“A false statement” was made.
However, the Defendant did not have any money at the time and was unable to invest 20 million won in used cars purchase. However, the Defendant thought that other creditors are able to use the borrowed money to repay other obligations, and thus, there was no intention or ability to pay the borrowed money as agreed even if the Defendant received money from the injured party.
As such, the Defendant, by deceiving the victim, was given KRW 20 million to the Agricultural Cooperative Account under the name of the Defendant on the same day as the investment money from the victim.
2. On March 4, 2014, the Defendant entered into a loan agreement at the victim Cop Daegu Branch, Co., Ltd., Ltd. on the second floor of the Daegu-dong 139-8 Pungsan Building, Daegu-dong 139-8 on a monthly basis between the victim company and the victim company on the condition that 3.5 million won will be granted a loan under the condition that 159,000 won shall be repaid in equal installments in the principle between 36 months and the victim company.
However, the facts are that the defendant, at the time, bears a debt of 20 million won or more to other creditors, and even if he borrows money from the victim company, he did not have the intention or ability to repay it.
As such, the Defendant, by deceiving a person in charge of the victim’s name, was given KRW 3.5 million on the same day under the pretext of loans by the said person.
3. On May 13, 2014, at the “E” office located in Seogu Daegu-gu, Daegu-gu, the Defendant considered the victim F to be asked for the purchase of the food vehicles in 2011.
“In the end,” the owner of the above SM5 passenger car together with the victim, but “M5.” from the owner of the passenger car for SM5 passenger car.