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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. On January 2015, the criminal defendant against the victim D seeks to purchase two used buses from the victim D and operate them in the mutual infinite coffee shop located in Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu, and the victim D.
In the name of width, the loan contract for bus purchase was concluded by establishing a new company after two to three months, and the loan obligation will be fully acquired.
However, since the defendant did not have any particular income or property at the time, even if he borrowed the loan from the damaged party, he did not have any intention or ability to acquire the loan obligations by establishing a new company.
Around January 23, 2015, the Defendant, by deceiving the victim as above, had the victim take advantage of KRW 120,000,000 from the New Capital Stock Company around January 23, 2015, and KRW 135,00,000 from the Hyundai Social Stock Company around January 26, 2015, respectively, acquired a total of KRW 255,00,000 from the victim’s property interest.
2. Around September 26, 2014, the Defendant: (a) entered into a contract with the victim E Co., Ltd. (Representative G) located in Seoul Special Metropolitan City, Nowon-gu on one of the Seoul Special Metropolitan City, with the ownership of KRW 135,00,000 for a passenger tourist bus with the value of KRW 135,00,000 in the market value; (b) registered the ownership in the name of the victim on the same day; and (c) transferred the above bus to the J who operates I (State) on the roads adjacent to Suwon-si, Suwon-si, Gyeonggi-do, under the condition that the said bus will receive future operating revenues.
Accordingly, the defendant embezzled the victim's property.
3. On November 301, 2014, the Defendant: (a) entered into a contract with the victim K (M) company L in Pyeongtaek-gun, Gyeonggi-do; (b) with respect to one of the N45 passenger tourist buses, the market price of which is 135,000,000 won; and (c) registered the ownership in the name of the victim around December 30, 2014.