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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. On October 201, 201, the Defendant concluded that “E office operated by Haman C in Hasung City,” “F, a stock company F, intended to purchase Hump trucks with the trade name, and arranged loan of KRW 80,000,00 with the purchase price of the vehicle, the Defendant would make a mortgage on the vehicle after purchasing the vehicle and pay the principal and interest in installments between November 201 and 36 months.”
However, even if the Defendant received a loan from the victim, the Defendant planned to use the loan to perform a real estate civil engineering work in Pyeongtaek-si I, and thus did not have the intent or ability to purchase dump trucks from C or to establish a mortgage on dump trucks after purchase, and there was no economic ability to pay the amount to the victim in installments according to the agreement.
Nevertheless, the Defendant, by deceiving the victim and deceiving the victim, received KRW 79,520,00 from the victim from Korean Capital through loan brokerage business, from the victim, to the deposit account under the name of the J, which is a employee of C around October 25, 201.
2. On October 201, 201, the Defendant, at the place indicated in paragraph 1, concluded that “The Defendant would purchase K dump truck from C, arrange a loan of KRW 117,00,000 from the purchase price of the vehicle, and set up a mortgage on the vehicle after purchasing the vehicle, and the principal and interest shall be repaid in installments for a period from November 1, 201 to 36 months.”
However, even if the Defendant received a loan from the victim, the Defendant planned to use the loan to perform a real estate civil engineering work in Pyeongtaek-si I, and thus did not have the intent or ability to purchase dump trucks from C or to establish a mortgage on dump trucks after purchase, and there was no economic ability to pay the amount to the victim in installments according to the agreement.