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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On May 30, 2012, the Defendant: (a) purchased a passenger car in the name of the Defendant with a modern card issued under the name of the Defendant and conspired to sell and divide money.
Around May 30, 2012, the Defendant and his name-free lending business operator purchased one Fworkren car at E agency located in Seongdong-gu Seoul Metropolitan Government D, and applied for issuance of the modern card in the name of the Defendant to the victim Hyundai Card Co., Ltd. for the settlement of vehicle purchase price, and paid 34,400,000 won of the vehicle purchase price with the Defendant's modern card (credit number G) issued as such around June 1, 2012.
However, in fact, the defendant had no intention or ability to pay the card price even if he pays the above car price using the modern card, because of the aggravation of financial standing at the time, he thought that he would sell a vehicle with the above borrower and lend cash.
Nevertheless, the defendant paid 34,400,000 won by using the modern card as above, thereby acquiring property profits equivalent to the same amount.
2. On May 30, 2012, the Defendant purchased a passenger car in the name of a lending business entity (one name “C”) and the Defendant’s name, and offered money for sale.
Around June 1, 2012, the Defendant and his name-free lending business entity entered into a loan agreement on KRW 35,500,000 per month for 48 months from July 10, 2012 to June 10, 2016 with the victim Hyundai Capital Co., Ltd. and KRW 832,092 per month for 48 months from July 10, 2012.
However, as the financial situation of the defendant has aggravated, the defendant thought that he would sell the vehicle with the above borrower and lend cash, and did not have the intention or ability to operate the vehicle or repay the loan.
As such, the Defendant, by deceiving the victim and deceiving the victim, was around June 1, 2012.