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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[2016 Highest 3048] On January 14, 2016, the Defendant expressed his/her intent to fully pay for the card price while purchasing straw vehicles within the auto E-business establishment located in Ischeon-si, Leecheon-si, and applied for a specific amount of KRW 30 million for vehicle purchase to the Hyundai Card Co., Ltd. in relation to his/her credit card (credit card number:F).
However, the facts are that the defendant does not have a certain monthly income at the time.
In a situation where there was no particular property, even if a vehicle is purchased by being granted a specific degree from the injured party who has sustained 30 million won or more, it became aware of the ability to pay the card price, and the vehicle was sold immediately after the purchase of the vehicle and intended to repay it with the proceeds of the disposal.
The Defendant: (a) deceiving the victim; (b) received a certain amount of KRW 30 million from the injured party on the same day; (c) paid the vehicle price of KRW 29.79 million from the said card on the same place; and (d) had the victim pay the same amount to the automobile corporation, thereby having the victim acquire pecuniary benefits equivalent to KRW 29.79 million.
[2016 Highest 3230 decided January 15, 2016] The Defendant: (a) was a victim S. and Ethama Capital Co., Ltd. located in Pyeongtaek-si on January 15, 2016; and (b) was an employee with no knowledge of the name in charge of the loan; (c) even if the Defendant purchased a vehicle with a new installment loan, the Defendant was able to sell the vehicle and sell the existing bonds, and even if he did not have the intent or ability to repay the loan, he was able to pay the loan normally; and (d) was given a loan from the said employee, namely, KRW 2,00,00,000.
Accordingly, the Defendant deceivings the employees of the victimized person as above and borrowed KRW 22 million from the same person.
Summary of Evidence
[2016 Highest 3048]
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. An application for membership of the Hyundai Card Member, the Motor Vehicle Register, and