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A defendant shall be punished by imprisonment for not less than three months.
Reasons
Punishment of the crime
On December 11, 2012, the Defendant was sentenced to imprisonment of two years and six months for fraud, etc. in the Suwon District Court Ansan branch on December 201, and the judgment became final and conclusive on March 8, 2013.
On February 2, 2011, the Defendant stated that “The Defendant would pay the vehicle installments and pay a certain amount of profit if he borrowed the vehicle in the name of the vehicle in order to establish a siren corporation in front of the Dobongcheon-dong, Seoul Special Metropolitan City, and would transfer the vehicle in his name to the victim C after three months.”
However, even if the defendant purchased a vehicle from the victim by borrowing the name of the vehicle, he/she only thought that he/she would obtain property benefits by exporting the vehicle overseas, and he/she did not have an intention or ability to pay the vehicle installments, make profits, or cancel the name of the victim three months after the victim was promised to do so.
Ultimately, the Defendant: (a) deceiving the victim as above; (b) caused the victim to purchase the said car at the coffee shop near the Dobongcheon Station; (c) obtained a personal seal impression, resident registration certificate, seal, etc.; and (d) took out a vehicle sales contract and a vehicle sales contract and a loan of KRW 15,800,000 to Hyundai Capital to the effect that “a loan shall be granted in the name of the victim, and the loan shall be paid in 494,000 won each month in 36 months’ amount; and (d) made and issued an application for a new loan of Hyundai Capital to the effect that “a loan shall be paid in 494,000 won each month in the name of the victim; and (e) made the victim purchase the said car with the loan, and then disposed of it by means of exporting it to a foreign country through a trade company around the 25th day of the same month.
Accordingly, the defendant, by deceiving the victim, shall bear approximately KRW 15,800,000 on the part of the victim.