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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
The Defendant, on September 15, 2017, planned to purchase A. A.6 vehicle in the name of Defendant E under the name of Defendant, at the “D” coffee shop located in Gumi-si, Gumi-si, Seoul around September 15, 2017.
A loan of KRW 30 million as a fund for purchasing a vehicle will be made by setting up a collateral security and the loan will be made in installments for 48 months.
“The meaning of “.......”
However, in fact, the Defendant purchased the above vehicle under the name of E, or did not intend to set up the right to collateral security with the victim, and the money received from the injured party was used to repay the Defendant’s personal debt, and was in the status of debt exceeding one billion won at the time. Therefore, even if the injured party borrowed money from the name of the vehicle, there was no intention or ability to repay it normally.
Nevertheless, the defendant deceivings the employee in charge of the victimized person as above, and he received 30 million won from the damaged person to the account in the name of E on the same day.
around August 23, 2017, the Defendant: (a) at the G Office in charge of the settlement of accounts for the operation of the Defendant, (b) at the Gu-U.S. F Trading Complex 113, and (c) at the K Office in charge of the settlement of accounts for the Defendant’s mother, and (d) at the request of the Defendant, H, the Defendant’s mother, granted the Defendant’s loan; and (b) E, in exchange for the currency with the person in charge of the settlement of accounts for the victims’ effective capital loan; and (c) “B0,000 won is loaned for the purchase of I NAS vehicles at the I NAS Co., Ltd., Ltd., (d) the annual interest rate of KRW 672,916 on the 20th day of each month for 36 months.
“...”
However, the fact that H did not allow the Defendant to lend money, and the Defendant did not have the intent or ability to repay the debt even if the debt increased due to the shortage of funds while operating the automobile company, and the victim did not receive the loan from the victim.
Nevertheless, the defendant deceivings the victim as above and belongs to it.