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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
The Defendant, on August 1, 2011, has a number of penal records, such as receiving a summary order of KRW 500,000 from the Changwon District Court to a fine for fraud.
[Criminal facts]
1. On December 1, 2015, the Defendant filed an application with the victim BNK Capital Co., Ltd. to the effect that on or around December 1, 2015, the Defendant would make a loan to the victim BNK Capital Co., Ltd. to purchase C25 tons of wing freight at the (ju) Dog-ro 1398-42, Nam-ro, Nam-ro, Nam-ro, and then, to the staff in charge of the victim BNK Capital Co., Ltd. for a loan of KRW 65 million to the effect that the Defendant would make a full payment between KRW 1,740,562 each month for the purchase of D complaint vehicles at the above office and filed an application for a loan of KRW 50,500,000,000 to the staff in charge of the victim Co., Ltd. for the purchase of the vehicle to purchase the vehicle to use for livelihood and business purposes.
However, the defendant did not have the intention to use the purchased vehicle for livelihood and business, and did not have the intention or ability to repay even if he did not receive a loan from the injured party because of almost no assets at the time.
As above, the Defendant: (a) by deceiving the victim; (b) had the victim pay the total of KRW 120,000,000 on behalf of the victim for the purchase of the said vehicle; and (c) obtained pecuniary benefits equivalent to the said amount.
2. On November 2015, the Defendant, against the victim E, purchased three vehicles, such as the vehicle, cargo vehicle, accusation vehicle, etc., to the victim E, at a lower-class patrol officer.
In order to purchase the vehicle by installment, the first guarantor is his/her own child and his/her father, and the second guarantor is required.
A false statement was made to the effect that the joint and several sureties would pay monthly installments to prevent any damage on the part of the week.
However, the defendant has almost property at the time.