A defendant shall be punished by imprisonment for not less than one year and six months.

The application for compensation order of this case shall be dismissed.

Punishment of the crime

[2012 Highest 198] On April 20, 2012, the Defendant: (a) sold a non-string vehicle in the “EAEA” located in D at the early stage of early April 2012, the Defendant agreed with the victim to use the loan in the name of the purchase price for the used vehicle after receiving a request from the victim for the purchase of the non-string vehicle in the name of the victim; and (b) received a loan of KRW 15 million in the name of the victim for the purchase price for the used vehicle.

On April 23, 2012, the Defendant deposited KRW 11,222,204 from a lending company to a new bank account under the name of the Defendant, excluding the remaining money of the above rocketing sports-related vehicle, and stored for the victim. On the same day, the Defendant wired KRW 10 million to G in the name of the purchase price of a used vehicle not related to the victim, and embezzled KRW 1,220,000 to C and H in the name of personal debt repayment, respectively, and embezzled it by remitting KRW 2,204 to the SKline under the pretext of communication expenses.

[2013 Highest 40]

1. On December 2010, the Defendant: (a) at the office of the “E-motor vehicle sales company” operated by the Defendant at the Seocho-si, Seocho-si, the end of December 2010, the Defendant said that “The Defendant would pay off the Defendant at all times, without paying any loan, if the Defendant would have a business fund secured by the E-motor vehicle under the name of D due to a shortage of business funds.”

However, in fact, the Defendant did not have any property while operating the above used vehicle sales company at the time, while the Defendant did not have any intent or ability to repay the loan even if he borrowed the loan from the victim even if he was given a loan to the financial institutions and individuals due to the shortage of business funds by borrowing the name of the victim.

Around December 29, 2010, the Defendant, by deceiving the victim as above, was transferred KRW 30,000 to a new bank account under the name of the Defendant from the victim and then was transferred from that time.