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A defendant shall be punished by imprisonment for a term of one year and three months.
Reasons
Punishment of the crime
The Defendant, “2013rd 834,” which was operated by the victim C, worked as a motor vehicle with motor vehicle endur from around 202 to November 201, 2012 at the E-motor vehicle trading company located in Gangseo-gu Seoul Metropolitan Government D Building 302 operated by the victim C.
1. On May 24, 2012, the Defendant made a false statement to the said vehicle sales company that “The Defendant was entrusted by the borrower with the sale of the vehicle at home Fenz S500 L, and this vehicle was purchased from the Korea Social Services Korea Co., Ltd. (hereinafter “Lease Company”) in the form of lease, and paid 63,000,000 won to the lessee on deposit, and would allow the lessee to transfer the vehicle under the name of the victim.”
However, at that time, the Defendant had a total of KRW 79,635,223, including other vehicle charges and card charges, while the average deposit balance of KRW 3,00,000 in the principal transaction deposit account (National Bank G and Enterprise Bank H) was only about KRW 3,00,00,000, and even if the Defendant received the above KRW 63,000 from the victim, the Defendant did not have an intention or ability to transfer the said fenz vehicle in the leased company’s name by full payment of KRW 115,00,000 (excluding KRW 115,000,000,000, KRW 115,000,000) by May 4, 2012.
The Defendant received 63,00,000 won from the victim’s bank account on the same day.
2. On September 15, 2012, the Defendant concluded that, “Around September 15, 2012, the Defendant would sell the said vehicle and pay the principal and interest by selling the said vehicle if the Defendant borrowed KRW 24,200,000 for the purchase cost of the vehicle to sell the vehicle to the victim.”
However, on July 12, 2012, the above benz vehicle presented by the Defendant was already registered in the name of the Defendant’s spouse under the name of the Defendant’s spouse from J, and at that time the Defendant was at the time, the obligation to return the vehicle purchase price for L and the BM MINI vehicle for M.