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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
1. Around July 2006, the Defendant: (a) obtained a loan from a person with no name (hereinafter “C”) who became aware of while working as a daily worker in the vicinity of the Seoul Station; (b) purchased and disposed of the vehicle as a vehicle purchase fund; and (c) prepared an application for a vehicle purchase fund in the name of the Defendant; (d) purchased the vehicle with the loan in the name of the Defendant; and (e) decided that the installment loan will not be paid.
Around September 8, 2006, the Defendant applied for installment loans of 18 tons of the Victim's Capital Co., Ltd. to the Victim's Capital through F, an employee, and made a false statement as if installment payments were to be paid normally even if the Defendant received a loan, at the E office located in Sungsung-si, Co., Ltd., Ltd., Ltd. (hereinafter referred to as the "Co., Ltd.").
However, in fact, the Defendant decided to apply for a loan only in the name of the Defendant for the purchase of vehicles, and there was no intent to pay the installment loan, and as the Defendant was living while performing daily work in the situation where the Defendant had a debt of about 4 million won without any special property, there was no ability to repay the loan even if he was given a loan for the vehicle purchase fund.
The Defendant received KRW 49,852,000 from the victim on September 15, 2006 to the bank account under the name of the said stock company E.
In this respect, the defendant, in collusion with the person who is not the party to the name, deceiving the victim by deceiving the money.
2. Fraud of prepaid payments;
A. On August 25, 2010, the Defendant made a false statement to the victim I, the owner of H, a milked net fishing vessel, stating that “I, on board the ship at the face of a week, KRW 5 million with the advance payment, will work as a seafarer for one year from August 29, 2010 to August 28, 2011. 5 million with the advance payment.”
However, even if the victim receives the advance payment, there was no intention or ability to work as a seafarer or to repay the amount.
The defendant is against the victim.