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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Criminal facts
The defendant is the representative director of C(the state) who is a construction company. On November 2010, when the financial situation of the above company becomes worse, making it impossible to pay monthly salary or office rent to employees, the automobile purchase fund loan is prohibited from transferring a vehicle purchased with the above purchase fund to a third party until the full payment of the loan, but it was purchased with the vehicle from the victim's Hyundai Capital Loan, and then sold the above vehicle immediately, and received the vehicle from the victim's Hyundai Capital Loan to pay for the insufficient corporate fund.
On December 2, 2010, the Defendant intended to purchase from the victim 11 unit of Abdo 11 (17,000,000 won per owner) and Ecuad 1 unit of Ecuad 1 (5,000 won per owner) in the name of Ecuad 1 in the name of Ecuad 1’s vehicle with the name of Ecuad 1 in the name of Ecuad 200,000 in the first place of loan of KRW 242,00 in the first place of loan of KRW 187,00,000 from Jan. 25, 201 to Jan. 25, 2014, the Defendant agreed to repay the principal and interest for the loan of KRW 55,00,000 from Feb. 25, 201 to Feb. 25, 2014.”
However, in fact, the Defendant received a vehicle purchase financing loan from the victim and did not operate the said 12 vehicles, and transferred the said 12 vehicles to a third party, and was scheduled to cover the said company shortage funds with the sale proceeds, and there was no intention or ability to repay the said borrowed money due to the rapid aggravation of the financial situation of the said company around 2010.
The Defendant borrowed KRW 242,00,000 from the victim to pay the purchase price of the said vehicle.
Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A complaint;
1. Loan examination table, loan contract and agreement, terms and conditions of loan, plan for repayment, business registration certificate, and business registration certificate;