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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. On December 2012, the defrauded concluded that “The Defendant would pay 100,000 won per month for dump truck by making loans from a capital company under the name of the party, and making installment payments to the victim C, and giving dump truck a monthly amount of KRW 100,000 per 1 dump truck.”
However, under the circumstances where the Defendant had no property at the time, and the Defendant should monthly pay approximately KRW 7,507,584, and approximately KRW 5,000,00 of monthly installments for the three dump truck drivers operated by the Defendant, the management situation was difficult, such as paying installments for the remaining partners who failed to pay the installments within the given period, and where he/she additionally purchased the two dump truck truck with the loan in the name of the victim, there was no intention or ability to pay the installments for the dump truck driver and the victim, even if he/she purchased the dump truck with the loan in the name of the victim, there was an additional installment to pay KRW 6,037,270 per month, and there was a monthly salary for the two dump truck drivers to be additionally paid KRW 5,00,00,00, and ultimately, even if he/she purchased the dump truck with the loan in the name of the victim, there was no intention or ability to pay the profits to the vehicle.
Nevertheless, on December 14, 2012, the Defendant: (a) by deceiving the victim; (b) had the victim borrow KRW 99.5 million in the victim’s name from Adump truck Co., Ltd.; (c) purchased Edump truck by having the victim jointly and severally guarantee the loan under the victim’s name; and (d) purchased Fdump truck with the loan of KRW 120 million in the victim’s name.
Accordingly, the defendant, by deceiving the victim, acquired financial benefits equivalent to the amount of the above loans and the amount of joint and several sureties.
2. On December 14, 2012, the Defendant purchased a G dump truck under the name of D, a partner, from an automobile trading company where the trade name in the Chungcheong Jin Park is unknown, and a G dump truck.