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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
The Defendant served as a business employee in DD, a company that sells vehicles in the Chungcheong-gun C, and was engaged in the sales of vehicles and the collection of proceeds.
1. Fraud;
A. On April 29, 2011, the Defendant sold Switzerland truck to the victim E on April 29, 201, and concluded that “The Defendant applied for a loan to the Samsung Card, and, considering the circumstances, transferred the loan to Skyl Skyl Skys Korea upon receipt of an application for installment financing from the victim, the Defendant shall move the loan to the Samsung Card. However, upon revocation of the application for the Samsung Card loan, it is difficult to enter into the position, and thus, it would be resolved by the Defendant.”
However, at the time, the Defendant was in need of resolving the F's vehicle price with the wind to arbitrarily consume the customer F's vehicle loans that he purchased from the Defendant, and it was necessary to resolve the F's vehicle price with the loans received in the name of the victim from Samsung Card. Since the financial status of the F's Samsung Card was not good, there was no intention or ability to substitute the Samsung Card loans in the name of the victim as the promise was made.
On May 2, 2011, the Defendant, by deceiving the victim, had the victim bear the obligation of loans equivalent to KRW 139,925,000 from Samsung Card, and acquired pecuniary profits equivalent to the said amount.
B. On May 17, 2012, the Defendant asked G to prepare relevant documents as if he/she purchased a vehicle at the above place, and received a loan of KRW 159,925,00 from Samsung Card in the name of G, and the said loan was deposited into the victim’s (State) D account on May 18, 2012, the Defendant made a false statement to the accounting staff H that “a loan of KRW 159,925,000 was deposited into the (State) corporation account, and the payment was made by mistake to the (State) corporation account.”
However, the defendant purchases a vehicle with himself/herself.