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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2012 Highest 11298] The Defendant purchased Grand Co., Ltd. at the opening point of the Guro-gu Seoul Metropolitan Government 403-71 Hyundai Motor Vehicle opening on April 9, 2012, and borrowed KRW 10 million, which is a part of the vehicle price, from the Defendant Hyundai Capital Co., Ltd., the terms and conditions of the loan were 7.95% per annum from May 20, 2012 to April 20, 2014.
However, the fact was that the Defendant was not using the said vehicle from the beginning, and only lent the name of the vehicle purchaser for the purpose of self-financial services, and was agreed with C to receive the fee of KRW 8.90,000 in return (C was exported abroad after cancelling the number plate on April 12, 2012, 300,000 from the Defendant purchased the said vehicle from the Defendant). The above loan borrowed from the victim as the vehicle purchase fund was used by the Defendant and the Defendant paid the said loan for 24 months.
However, since the defendant had a large amount of personal debt at the time, even if he received a loan of KRW 10 million from the victim, he did not have the intention or ability to repay the principal and interest of loan. If the defendant was aware that he did not receive a loan of KRW 10 million with a vehicle purchase fund, but he did not receive a loan of the above money from the defendant.
Around April 10, 2012, the Defendant, by deceiving the victim as above, had the victim pay the above loans of KRW 10 million to the Hyundai Motor Opening Branch, thereby acquiring pecuniary benefits equivalent to the same amount.
Accordingly, the Defendant, by deceiving the victim, acquired the pecuniary benefits of KRW 10 million.
[2013 Highest 1298] On January 12, 2012, the Defendant, at the victim E’s headquarters located in Dongjak-gu Seoul Metropolitan Government, at the victim E’s headquarters located in Dongjak-gu Seoul Metropolitan Government, contract term of 26 months and monthly rent of 780,000 won.