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A defendant shall be punished by imprisonment for a term of one year and two months.
The defendant shall pay 34,00,000 won to the applicant for compensation by deceit.
3.2
Reasons
Punishment of the crime
[2013 Highest 1550]
1. On September 13, 2012, the Defendant: (a) purchased a vehicle under the name of another person by borrowing a security loan from a vehicle; and (b) had the Defendant sell it to others.
The Defendant, around September 13, 2012, at the “D” used vehicle trading complex located in Seo-gu Incheon, Seo-gu, Incheon around that time, reported loan advertisements posted by the Defendant on the Internet car page and provided it as security to the victim B, “A loan will be made if he/she purchases a heavy vehicle in the name of NA and provides it as security. A vehicle is kept in custody for three months, and if it has repaid its principal, he/she sells it to another person and transfers its name to another person.” Accordingly, the Defendant, who received from the victim the EEM 7 car amounting to KRW 15 million on the day of the purchase from Hyundai Capital Capital Co., Ltd. to KRW 12.3 million under the victim’s name, paid the amount of KRW 3.5 million on the day, and received the said vehicle as a loan.
Accordingly, the defendant deceivings the victim as above and acquired the property amounting to KRW 15 million.
2. Around September 25, 2012, the Defendant was transferred KRW 30,00 to a new bank account in the name of the Defendant on the same day, on the same day, by phoneing the victim at a closed area of Incheon Metropolitan City or lower on September 25, 2012, stating that “A person may take over a new type of 30,000 won and sell 30,000 won to another person.”
However, at the time of fact, the defendant borrowed money to use it as living expenses, etc., and even if he borrowed money without any particular property or income, he did not have the intention or ability to pay it properly within a short period.
Accordingly, the defendant deceivings the victim as above, and received 30 million won from the victim and acquired it by fraud.
3. Around September 28, 2012, the accused of fraud shall make a phone call to the victim at an irregular land of not more than Incheon Metropolitan City, around September 28, 2012.