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A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
Punishment of the crime
[2013 Highest 1682]
1. On March 2013, 2013, the Defendant served as a broker for the trading of secondhand cars in Gangseo-gu Seoul Metropolitan Government and as a broker for the trading of secondhand cars at C companies, and has arranged the trading of secondhand cars, and has been engaged in the business of applying for and repayment of part-time loans to capital companies on behalf of the seller and the buyer.
On August 3, 2012, the Defendant: (a) entrusted the sale of ENAS coo coo that the victim purchased with a loan from the Hyundai Capital Capital Capital on the part of the victim; (b) provided the sale of the said vehicle to F; and (c) provided the loan from the installment financing institution in the name of F; and (d) provided the loan to the modern Capital Capital of the victim under the name of F.
Accordingly, the Defendant received 16.2 million won of loans from VFC to the Agricultural Cooperative account in the name of G by undergoing loan procedures in the name of F on April 8, 2013, the Defendant: (a) stated that “the Defendant would sell the said vehicle at once” to the Defendant on April 1, 2013; (b) stated that “the remainder of the installment payments of KRW 16.2 million received from galth from galthn to galthn, on the part of galthn; (c) sent 4.8 billion won of the remainder of the installment payments to galthn; and (d) embezzled the victim by arbitrarily consuming the vehicle from galthn to galthn in the name of G on April 8, 2013, while keeping 40,000 won from galth to galthn for the victim.
[2013 Highest 1982]
2. On March 21, 2013, the Defendant: (a) served as, inter alia, as, the seller and buyer in the C Co., Ltd. under paragraph (1); (b) arranges the secondary sales of, and on behalf of, the seller and buyer, applied for and repaid a vehicle installment loan from, the capital company; (c) contacted the victim F to wish to purchase, and (d) on March 26, 2013, the Defendant arranged the purchase of, the ENAS C Co., Ltd. owned by D to arrange the purchase of the vehicle.