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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
1. The Defendant had no occupation and had no intention or ability to repay the borrowed money even if he borrowed the money from the Defendant Hyundai Capital Co., Ltd., and actually purchased the new money with the borrowed money, and was a plan to use the money to repay the debt of the Plaintiff with the borrowed money immediately after the purchase of the new money.
Nevertheless, around March 26, 2014, the Defendant: (a) purchased a low-priced car if he/she lends money to a staff member in the name of the victim, and (b) deceiving him/her by doing so as to have fully repaid the principal and interest in the future; (c) concluded a loan contract with another staff member of the victim, i.e., a loan contract with the victim; and (d) purchased a new car with a loan of KRW 23 million as the vehicle price.
Accordingly, the defendant was given property by deceiving the victim.
2. The Defendant did not have any occupation and did not have any intention or ability to repay the borrowed money even if he borrowed the money from the Defendant Hyundai Capital Co., Ltd., and in fact, was a plan to purchase the new money with the borrowed money and to prepare the funds to repay the debt in full.
Nevertheless, the Defendant, at around April 30, 2014, purchased the FF Motor Vehicle Agent in Yong-Namnam-gun, who borrowed the money to an employee under the victim's name, by deceiving him by means of selling the Switzerland and selling the money as if he had paid the principal and interest in the future. The Defendant entered into a loan contract with the victim's employee, i.e., the victim's employee, who entered into the loan contract, and then purchased the 21 million won loan under the name of the vehicle price.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made by the police officer in G; and
1. Each application for a loan, each claim list, and deposit details;