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A defendant shall be punished by imprisonment for six years.
All applications filed by applicants for compensation shall be dismissed.
Reasons
Punishment of the crime
[2016 Highest 1336] The Defendant is a person who runs a trade brokerage business of imported automobiles with the trade name of H from the first floor of the G of Overcheon-si to the first floor of H.
1. In spite of the absence of intent or ability to allow a user to use a vehicle under favorable conditions, such as prices less than the conditions of use as a used vehicle for import lease, return of deposit money, and free repair, the Defendant: (a) intended to collect a user by presenting favorable conditions than industry practices to the lessee and to obtain money in the name of the deposit; and (b) committed the following crimes.
In other words, on July 24, 2015, the Defendant entered into an “Ototop lease agreement” with the victim I on the JMW M3 vehicle at the above H office. The above agreement: (i) the victim I received 40% of the vehicle value from the victim I and returned the vehicle to the victim I at the time the vehicle is returned; and (ii) the above vehicle is offered as security the loan equivalent to KRW 36 million in the victim I’s name; (iii) the transferee of the vehicle takes over the remainder of the loan until the vehicle is returned; and (iv) the victim I paid 480,000,000 won out of the monthly loan principle under the above loan agreement on behalf of the victim; and (iv) the difference was 200,000 won as compensation for repair and exchange of the vehicle during the operation period.
However, the facts are as follows: (a) the Defendant paid 3/4 of the money in the name of the deposit received from the victim I to the leased company with the remainder of 1/4, and only the remainder of 1/4, the Defendant was unable to properly return the deposit to the victim I before he/she newly receives the deposit from the person who takes over the vehicle in question; and (b) from the transferee who wants the vehicle under the conditions presented by the Defendant.