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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal power] On March 17, 2016, the Defendant was sentenced to eight months of imprisonment for fraud at the District Court of the Jung-gu District on March 17, 2016, and the parole period was expired on October 28 of the same year during the execution of the sentence, and the parole period was expired on November 15 of the same year.
【Criminal Facts】
The Defendant is a space between June 2018 to April 2019 and the victim B.
1. Around December 2018, the Defendant embezzled the proceeds from selling HusH2 C motor vehicles that he purchased with a loan in the name of aner, and the victim consented to this and delegated the sale of the motor vehicle to the Defendant.
The Defendant, upon delegation by the victim, sold the above vehicle through the middle class sales market, and embezzled the money of KRW 20 million from the purchase price of the vehicle to his account in his name on the 31st day of the same month by using it as his own business fund, such as employee pay, etc. on the same day while his mother was in custody for the victim.
2. On February 28, 2019, the Defendant made a false statement to the effect that “The Defendant would purchase a new automobile with a loan of the ADA8 vehicle in his/her name, and would pay the principal and interest on the monthly loan if he/she purchased the ADA8 vehicle in his/her name.”
However, the defendant did not have the intention or ability to repay installment payments and interest even if he purchased a vehicle with a loan borrowed in the name of the victim.
Ultimately, the Defendant, by deceiving the victim as above, got the victim to borrow 28 million won from E Co., Ltd., and purchased F UAD motor vehicles in the name of the victim, and the Defendant operated the vehicle in delivery, but did not repay the loan, thereby acquiring financial benefits equivalent to the same amount.
3. Borrowing money;
A. The Defendant, around February 28, 2019, is located in the Seo-si Incheon Metropolitan City.