Text
A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
The Defendant is a person who has engaged in a motor vehicle sales brokerage business under the trade name of D, and the victim E is a person who has been entrusted with a business of borrowing funds for used cars from Aju Capital Co., Ltd. and is engaged in a loan agency business with the trade name of "G from Gangseo-gu Seoul Metropolitan Government F."
On July 24, 2012, the Defendant, at the G Office, concluded a false statement to the effect that “The Defendant was authorized to obtain a loan from a family member H to purchase the INA ANA, and delegated the right to purchase the INA.” On the face of the week, the Defendant made a false statement to the effect that “The Defendant would create a collateral security to the Aju Capital Co., Ltd., a lending company, in respect of the automobiles purchased and purchased from the INA under the name of H with the loan.”
However, in fact, even if the Defendant received a loan from the victim for the purchase cost of a secondhand car, it was thought that it would be used to pay personal debts related to the automobile transaction business of the Defendant, and in fact, the Defendant did not have the intent or ability to implement the terms and conditions of the loan under the loan agreement, such as purchasing a secondhand car under H name and establishing a collateral security on the said vehicle.
Nevertheless, the Defendant, by deceiving the victim as above, received 30,126,000 won as a loan for the next purchase fund from the victim on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A loan agreement and a deposit certificate of repayment of loans;
1. Application of the register of automobiles statutes
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;