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A defendant shall be punished by imprisonment for not more than ten 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
Around June 2010, the Defendant made a false statement to the victim C by phone call to the victim C, stating that “If there are several high-quality high-ranking vehicles, 50% of the difference between the principal and the difference may be refunded if she invests money to B.”
However, in fact, the Defendant was willing to use his debt amounting to 50 million won at the time to repay his debt from the victim. Thus, even if he borrowed money from the victim, he did not have the intention or ability to refund the difference between the principal and the principal by selling it.
The Defendant, by deceiving the victim, was transferred from the victim to the Defendant’s account, KRW 7 million around June 7, 2010, KRW 6.5 million around the same month, KRW 5 million around the 18th day of the same month, and KRW 5.9 million around the 19.4 million around the 19th day of the same month.
"2013 Highest 2206"
1. Fraud;
A. On April 28, 2010, the Defendant made a false statement to the victim E by phone calls from the victim E, and “I want to seek help from the accident of the vehicle without money, but I want to purchase the vehicle in the name of the U.S. and bring about to the sales company by purchasing the vehicle in the name of the U.S., and the vehicle in the name of the four to bring about to the sales company.” The Defendant made a false statement to the effect that “I will pay all the installments.”
However, in fact, the Defendant did not have any intention or ability to dispose of the vehicle or pay the installment in lieu of the victim, even if he received the vehicle from the victim, because the obligation at the time was in excess of KRW 50 million and there was an idea to purchase the vehicle in the name of the victim or the victim and provide it as a collateral and provide it to another person.
The defendant deceivings the victim as such, and is equivalent to KRW 15 million at the single-party car market in the victim's name.