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A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
"2017 Highest 810"
1. The criminal defendant against the victim C is a person who runs the cargo transport business under the trade name of “E” in Sistitu City D, and is directly paid KRW 830,000 per month to the victim C in the parking lot located in Sistitu City F around June 2012.
“A false representation was made.”
However, at the time, the Defendant was liable for a loan amounting to approximately KRW 500 million to a financial institution, and as in relation to E business, transportation charges, fuel expenses, vehicle repair expenses, and account payable to transaction parties have been continuously overdue, the Defendant had no intent or ability to pay the installment of the vehicle as promised by the victim, even if the Defendant purchased the spoke vehicle and transferred it to the Defendant.
Nevertheless, the defendant deceivings the victim as above, and he received from the victim the delivery of 34 million won or more at the market price from the victim, and acquired it by deceiving the victim.
[Although the defendant had been granted immunity in 2009, the defendant bears the loan obligation of KRW 500 million to the agricultural cooperative at the time, and the personal rehabilitation was requested and resolved around January 2015.
The statement (No. 1 right 1, 134 pages of investigation record), E's debt related to the business was accumulated, and adjusted around October 2012, and the criminal facts G alleged in paragraph 2 are the grounds for the Defendant to pay the Defendant a loan to G, and the reason for the Defendant’s payment of the loan was also the reason for the Defendant’s delivery of the vehicle under the name of C was due to the bad credit standing at the time (No. 4th right 119 page of investigation record). The Defendant was unable to pay the installment from June 9, 2012, immediately after the delivery of the vehicle, and the Defendant was unable to pay the installment from October 17, 2012 to C, in light of the fact that there was no installment payment other than the remittance of the amount of KRW 83,073 won on October 17, 2012, and December 3, 2012.