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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
"2016 Highest 857"
1. On April 1, 2014, the Defendant’s fraud: (a) at an influent point located in the Buddhist port on April 1, 2014, the Defendant: (b) “D making it difficult for the Defendant to work at the cargo joint and several ports branch” to the victim C; (c) the Defendant’s credit is not good to purchase the cargo vehicle equivalent to KRW 60 million; (d) thereby obtaining a loan of KRW 60 million which reduces the pollution of the cargo vehicle as security. D is used as the purchase price for the cargo vehicle, and is paid in good faith with the principal and interest received from D.
“A false representation was made.”
However, the Defendant received a loan of KRW 30 million from D and received the above 60 million from the injured party, as the above, used KRW 30 million as the purchase price for the cargo, the remainder of KRW 30 million as the personal usage, such as child support and living expenses, and even if receiving the principal and interest of KRW 30 million from D, he thought to be used for his personal use as described in paragraph 2 below, and even if he borrowed from the injured party the purchase price for the cargo of KRW 30 million, he did not have any intent or ability to pay the principal and interest at any time.
The Defendant got the victim to borrow KRW 60 million on April 10, 2014, and received the remittance of KRW 60,000,000 from our banks and new bank accounts under the name of E on the same day.
2. The Defendant’s embezzlement, upon receiving a request from the victim D to lend KRW 30 million for the purchase price of the cargo vehicle from the victim D, caused C to obtain a loan as described in paragraph 1, and on June 23, 2014, upon receiving a request from the damaged party to pay KRW 30 million for the principal and interest for the said KRW 800,000 from the bank account in the name of E, and used it for personal use, such as living expenses, while keeping it for the victim, and as shown in the list of crimes in the annexed sheet between March 1, 2016.