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A defendant shall be punished by imprisonment for not more than ten months.
except that the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant actually operated the used cars selling company C.
1. Around August 201, the Defendant had no property owned and was in bad credit standing. Around August 201, in order to expand its business, the Defendant was unable to repay approximately KRW 50 million and KRW 7.5 million of debt owed by a bond company to Seoul Guarantee Insurance, and even if a vehicle possessed by a stock company C was sold by a stock company, there is almost no money remaining at the expense of monthly rent and personnel expenses. Thus, even if the vehicle was purchased by a car and received a loan from the Defendant’s Net Chang Chang-gu Saemaul Savings Depository, there was no intent or ability to repay the loan.
On May 3, 2012, the Defendant, at C Office in Gangnam-gu Seoul Metropolitan Government, concluded that “EMW X6 automobiles are to be purchased” to the victim’s employees, and that “a car is to be miscellaneous as security and to repay a loan without a mold three months after the end of three months, if the loan is set up.” The Defendant received KRW 40 million from the victim as a loan, and then acquired it by fraud.
B. On June 29, 2012, the Defendant: (a) sought to purchase a F ASEAN Q73.0 TDI car to an employee of the Victim’s Office; (b) concluded that the Defendant would have obtained a car as a security and repay it without a molding the loan; and (c) obtained a 25 million won as a loan from the Victim and acquired it by deception.
2. The Defendant who interferes with the exercise of rights is at the C office around August 2012, 201, and No. 1.
The loan of KRW 40,000,000 as stated in the paragraph shall be made for the victim on May 3, 2012, and the EMW X6 car and No. 1-b, which was established by the mortgage around May 3, 2012.
After receiving a loan of KRW 25 million as stated in paragraph (1), the passenger car is kept in Fuudi Q73.0 TPP, which was established a mortgage on June 29, 2012, and the defendant's creditor's non-defluence to pay the debt, and the passenger car was transferred to the non-confluences in name.
Accordingly, the defendant is the victim.