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A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2013 Highest 811] Around August 16, 2012, the Defendant purchased a vehicle B at a high-scale car driving agency located in Guro-gu Seoul Metropolitan Government, Guro-gu, 329, and agreed not to dispose of the said vehicle without the victim’s consent until he/she fully pays the loan amount of KRW 43,90,000,00 in the name of the Defendant and paid KRW 902,794 monthly for five years from August 16, 2012.
However, in fact, since the defendant tried to sell the above vehicle to another person immediately after purchasing the vehicle and use it as business funds, etc., he did not have any intention to own and manage the vehicle until he pays the loan amount and did not have any intention or ability to pay the installment according to the above agreement.
As above, the Defendant, by deceiving the victim, received 41,096,746 won as a vehicle loan from the victim and acquired it by fraud.
[2013 Highest 1017] On October 24, 2012, the Defendant entered into a lease agreement with the victim E, the agent of the victim D Co., Ltd., to pay rent of KRW 1,005,30 per month from the victim and pay the lease fee of KRW 49,963,260 per month.
On October 25, 2012, the Defendant received delivery of the said e-mail vehicle (vehicle number F) registered in the name of the victim in the vicinity of the Seo-gu, Seo-gu, Seo-gu, Incheon, Seo-gu, Incheon, and received a loan from the Defendant for the purpose of securing the said vehicle for the purpose of securing the said vehicle in the vicinity of the above C Apartment around February 2013.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement related to G and H;
1. Application of each statute on filing of a complaint;
1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.