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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The Defendant is a person who operated D(hereinafter referred to as “D”) and E(hereinafter referred to as “E”) in Daegu-gu C, Daegu-gu.
Since 2009, D operated by the Defendant had never been sold, E was merely 13 million won in the year of 2010 and did not yield profits. Around February 25, 2010, it had experienced economic difficulties, such as borrowing KRW 90 million from Dongyang Life Co., Ltd. (hereinafter “Dongyang Life”) around February 25, 201.
Accordingly, on June 22, 2010, the Defendant introduced the Victim G through F, a social ship, in a gas station in which it is difficult to know the trade name in the Sinsan-gun, Busan-gun, and concluded that “The Defendant would transfer the name of the instant vehicle to the victim after the termination of the mortgage established on the instant vehicle and then transfer the ownership of the instant vehicle to the victim after the termination of the mortgage on the instant vehicle.”
However, in fact, the Defendant purchased the instant vehicle and did not have any intent or ability to transfer the ownership of the instant vehicle, following the Defendant’s failure to pay a debt equivalent to KRW 90,000,000 for the Capital Capital and the interest thereon, even if the Defendant received the payment from the victim, the Defendant did not have any intent or ability to pay the ownership of the instant vehicle.
Nevertheless, the Defendant received KRW 43 million from the victim as the down payment of the instant vehicle on the same day.
Accordingly, the Defendant is the victim as above.