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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On August 17, 2018, the Defendant was sentenced to a suspended sentence of six months for larceny by the Daejeon District Court on August 17, 2018, and the said judgment became final and conclusive on August 25, 2018.
1. On March 10, 2016, the criminal defendant against the victim B made a false statement to the victim B that “The victim B shall pay off the vehicle and pay the loan to him/her, if he/she borrowed the name to purchase the vehicle and borrowed the vehicle from the local government.”
However, in fact, the Defendant was unable to pay KRW 8 million to the Seoul Guarantee Insurance, which occurred due to vehicle sirens around 2015, and was in bad credit from around 2016, and as a result, the Defendant continued to receive loans under another person’s name and to purchase and mediate the used vehicle, and thus, there was no intention or ability to pay the installments even if the Defendant borrowed the name of the victim.
Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) had the victim purchase a set-off car around March 18, 2016; and (c) had the victim borrow KRW 11 million from the Dispute Resolution Co., Ltd.; and (d) had the victim bear the debt equivalent to the above loan; and (c) had the victim acquire the pecuniary profit equivalent to the same amount.
2. Fraud against victim D;
A. On May 3, 2018, the Defendant related to the EK7, the Defendant stated that “A child-care center in which the victim works in the Chungcheongnam-gun F of Chungcheongnam-gun, Chungcheongnam-do, is a child-care center,” and that “A victim D would have borrowed the name in the name of the victim to get a loan for the K7-gu vehicle to purchase the K7-gu vehicle, pay the loan by selling the vehicle to him/her, and pay him/her the loan to him/her.”
However, the facts are that EK7 is the vehicle in the name of the defendant, and the defendant applied for a loan as if the victim purchased the vehicle in the name of the victim, and as if the victim purchased the vehicle in the middle.