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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The defendant purchased an automobile in installments even though he did not have the intention or ability to pay the loan in installments even after receiving a loan from a capital company, and sentenced to acquire profits by disposing of the automobile.
1. On July 9, 2012, the Defendant filed an application for a loan of KRW 34,90,000 to the victimized Company by submitting a copy of identification card, resident registration certificate, certificate of personal seal impression, and an application for a vehicle register to E, an employee of the above two king agencies, when the Defendant took place at the D two king agencies located in Ulsan-gu, Ulsan-gu, Seoul, as well as as at the D 35,00,000,000 won in market price, as if he were to purchase a vehicle by taking out a loan from the victim Hyundai Capital Corporation.
However, the above vehicle was thought to acquire profits by disposing of it, and there was no intention or ability to pay in installments the money borrowed from the damaged company.
Accordingly, the defendant deceptioned the damaged company, and caused the damaged company to pay the purchase price of the above vehicle 34.9 million won on behalf of the damaged company, thereby acquiring the above pecuniary profit equivalent to the above amount.
2. On July 17, 2012, the Defendant filed an application for a loan of KRW 71,700,000 with the victim F Co., Ltd. to the victim F Co., Ltd., by submitting to the victim F Co., Ltd., a copy of his/her identification card, resident registration certificate, and a certificate of seal impression, which are necessary for the purchase and installment finance, as if he/she were to purchase a truck of KRW 6.5 tons of the market value of KRW 71,70,000 at H Ulsan located in Ulsan-gu G, Ulsan-gu.
However, the above vehicle was thought to acquire profits by disposing of it, and there was no intention or ability to pay in installments the money borrowed from the damaged company.
Accordingly, the defendant deceivings the damaged company and belongs to it.