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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
"2017 Highest 2387"
1. On December 2014, 2014, the Defendant: (a) in the “D” store located in Seojin-gu, Seojin-gu, Seoul; and (b) in the victim E, “In the course of the penting project in female water.”
It is difficult to purchase a vehicle for employees because it is not a credit in order to purchase the vehicle for employees, so it is difficult to purchase the FF car, and in order to repay 30 million won to the owner for the purchase of the vehicle within six months.
“A false statement” was made.
However, at the time, the Defendant had a liability of KRW 100 million, including the debt 24 million loaned from a financial institution. The Defendant sold the above vehicle purchased under the name of the victim and intended to use it to repay the above obligation for the sales proceeds. However, the Defendant did not have any intent or ability to repay the loan even if he purchased the above vehicle.
On December 18, 2014, the Defendant obtained the said car in the name of the victim from the damaged party and acquired it by fraud at the end of Samcheon-dong Hyundai Motor Branch in Busan Metropolitan City, Busan Metropolitan City on December 18, 201.
"2018 Highest 156"
2. On September 16, 2014, the Defendant borrowed the name of the victim “H in order to purchase a vehicle” from the “H” located in Y in Y-gu Seoul Metropolitan City, Busan Metropolitan City, to the victim I, thereby paying the lease fee every month.
“A false statement” was made.
However, in fact, the defendant did not have the intent or ability to pay the rent even if he purchased the vehicle in the name of the victim because the defendant would have been able to use the vehicle for his own business fund or debt repayment and had the obligation related to the failure of the continued business. The defendant purchased the vehicle in the name of another person and should bear the total of KRW 83,970,000 in another person's name.
Nevertheless, the Defendant: (a) caused the victim to purchase a vehicle with a view to an amount equivalent to KRW 75,264,700, a total rent of KRW 75,264,700; and (b) obtained the above vehicle and acquired the profit corresponding to that amount by deception; and (c) recorded the list of crimes in the attached list from June 2013 to January 13, 2017 (Provided, That the foregoing shall not apply.