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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On February 2, 2014, the Defendant purchased a high-value dump truck with a loan, and sold it to a middle stump truck with the inside of the name transfer, and used the selling price as debt repayment, etc., under the circumstance that the Defendant did not pay interest on arrears only due to the delinquency of personal debt, credit card payment, and payment of the installments of the taxi.
On February 13, 2014, the Defendant: (a) purchased dump truck truck vehicles in the mutual dump truck vehicle at the dump shop located in the U.S. Si/Gun/U.S. (U.S.) in the name of the Defendant’s mother; and (b) falsely stated that “on the loan of the total amount of KRW 197,40,000,000, the vehicle purchase price shall be repaid in four million won per month during 72 months of the loan principal and interest; and (c) completed a debate on automobile installment payment by stating that “on the loan of the total amount of KRW 197,40,00,000 shall be repaid every month.” (d) around February 17, 2014, the Defendant created a collateral on
However, at the time of February 2014, the Defendant was unable to pay interest on the installment payments and arrears of credit card arrears and vehicles already purchased, and the profits from the operation of dump vehicles was insufficient to pay the existing debts and installments of the said dump vehicle. Even if the dump vehicle was delivered, the Defendant was thought to sell them to the dump vehicle and use them as the repayment of the obligation, and thus, the Defendant did not have the intent or ability to pay the loan to the victim JB Capital.
Ultimately, the Defendant, as seen above, was urged by the victim to receive a loan of KRW 197,400,000 as the purchase price for vehicles from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Statement to E by the police;
1. Details of request for the receipt of installment payments;
1. Application of Acts and subordinate statutes to an application for debate on automobile financing;
1. Criminal facts;