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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
From November 2006 to July 2014, the Defendant was engaged in the business of selling vehicles and concluding a lease contract with a seller at a modern automobile agency. On February 7, 2012, the Defendant mediated a lease contract for the lease of a vehicle with a vehicle of approximately KRW 74,518,00 (hereinafter “instant vehicle”) in an amount of KRW 74,518,00 at the market price from the Plaintiff’s (i.e., (ii) freeboard Capital during the lease period of 36 months, monthly payment of KRW 1,927,100.
1. Around April 2012, the Defendant: (a) received a claim from the injured party to terminate the lease agreement with respect to the operation of the instant passenger vehicle; and (b) received the instant passenger vehicle from the injured party; and (c) received the delivery of the instant passenger vehicle.
5. Around 17. Since the termination of the lease contract to the victim should be subject to penalty, it is suggested that the status of the lessee of the instant vehicle will be succeeded to another person, and the transfer of the instant vehicle to the said person is economical, thereby obtaining the consent of the victim, obtaining transfer of KRW 11.5 million from the victim under the pretext of fees, expenses, etc., and embezzlement by voluntarily consuming the said money for the purpose of personal debt repayment, etc. of the Defendant at around that time.
2. As above, the Defendant in breach of trust agreed to mediate the victim and the third party to succeed to the lessee’s status of the instant passenger car. As such, the Defendant was obligated to select a third party who may succeed to the lessee’s status as a successor, thereby having to have the contractual status transferred from the victim to the third party normally.
Nevertheless, on August 2012, 2012, the Defendant was aware that the Plaintiff had no credit limit to succeed to the lessee status of the lease contract for the instant passenger vehicle since I had already purchased another vehicle at H near the former G University located in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, and I had already purchased another vehicle. However, the Defendant and I agreed to succeed to the lease contract for the instant passenger vehicle.