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A defendant shall be punished by imprisonment for not less than eight months.
The defendant pays to the applicant the amount of KRW 11,224,460,00.
Reasons
Punishment of the crime
1. On March 22, 2016, a fraudulent statement was made to the effect that, at the commercial office located in the East Sea as of March 22, 2016 of the Victim KB Capital, the Defendant: (a) prepared and submitted a motor vehicle installment loan agreement in the name of the Defendant to the employee in charge of loan of the Victim KB Capital (ju) in the company office located in the East Sea; and (b) sought to purchase the vehicle installment loan in the name of the Defendant; and (c) at the present time, the Defendant received benefits while working in G located in the Republic of Korea at the third time; and (d) at the present, the Defendant would pay 6.6 million won of the vehicle purchase fund in the equal installments of the principal and interest for 36 months if he/she loans to the KRW 6.6 million.
However, in fact, the Defendant did not have any intention or ability to repay the purchased vehicle even if he received a loan from the injured party due to no particular occupation or fixed income at the time, and the purchased vehicle was thought to have immediately transferred the purchased vehicle to the Heneter, a separate creditor of the Defendant, as a debt repayment, and there was no intention or ability to operate the purchased vehicle or to possess it.
Nevertheless, the defendant deceivings the victim as above and received 6.6 million won as the purchase price for the vehicle from the victim.
2. On March 24, 2016, the Defendant made a false statement to the victim I’s vehicle siren fraud to the effect that “The victim I would pay money from the company to the company, but the accounting officer would deposit the rental fee immediately after the date within the internal limit of 1,300,000 won for the 15th day rental period.”
However, the defendant had no occupation at the time, and even if he rents a vehicle from the injured party due to no particular import, there was no intention and ability to pay the siren cost.
Nevertheless, the defendant deceiving the victim as above, and thereby, the defendant has a property interest equivalent to KRW 1.3 million for 15 days in relation to the car of the above Aurdi.