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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who has no fixed occupation.
1. On July 13, 2012, the Defendant: (a) purchased one motor vehicle of Hyundai Motor Co., Ltd., World Motor Co., Ltd. in Dongjak-do 5, 475 Dong-do, Dongjak-gu, Seoul; and (b) obtained loans of KRW 37 million equivalent to the vehicle price by entering into an agreement with the Defendant Hyundai Capital Co., Ltd. and the Defendant for a condition under which he/she will pay KRW 1,139,073 each month from August 31, 2012 to July 31, 2015, by purchasing one motor vehicle of Hyundai Motor Co., Ltd., Ltd.; and (c) purchasing two office debentures in Japan, one of which is an employee of Hyundai Motor.
However, the defendant, upon purchasing the above vehicle, disposed of it to others and used the price as a business fund, etc., and there was no intention or ability to repay the above loan because there was no property, such as an officetel, in Japan.
As such, the Defendant borrowed 37 million won from the victim’s occupation and acquired pecuniary benefits equivalent to the same amount.
2. On July 23, 2012, the Defendant: (a) purchased one motor vehicle from the sublim agency of Hyundai Motor Co., Ltd. in Dongjak-do 5 Dong 475, Dong-do, Dongjak-gu, Seoul; (b) concluded an installment agreement with the victim Hyundai Capital Co., Ltd. and (c) obtained loans of KRW 34 million equivalent to the vehicle price each month for 36 months from August 25, 2012 to July 25, 2015 through B in the same manner as the above 1.
As such, the Defendant borrowed 34 million won from the victim’s occupation and acquired pecuniary benefits equivalent to the same amount.
3. On August 10, 2012, the Defendant: (a) purchased one string vehicle at the Yongsan-gu, Yongsan-gu, Seoul, 3, at the location of Yongsan-gu, 40-17 KY Building 1nd floor, and (b) purchased one string vehicle at the location of Yongsan-gu, Seoul, and (c) as an employee of the string vehicle, and (d) attends the daily newspaper.