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The defendant shall be punished by imprisonment with prison labor for two months or more, and the remainder of the judgment.
Reasons
Punishment of the crime
[criminal power] On April 30, 2014, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Cheongju District Court for a period of six months, and the said judgment became final and conclusive on May 8, 2014.
【Criminal Facts】
The Defendant is a person who has been engaged in the sales of used cars as a "K" in the petition-guJ.
1. On December 6, 2010, the Defendant concluded that, at the “N” office operated by the victim M, who is in the petition L in the Cheongbaek-si L on December 6, 2010, the Defendant concluded that, “O’s vehicle price is insufficient for the victim to purchase Q Cost Star Heavy Vehicles in the P to 6.9 million won. If the vehicle is offered toO as security, the Defendant would deliver the loan to theO if it is lent five million won to the O.”
However, even if the defendant has not intended to deliver the loan to theO even if he/she has received the loan from the victim as the purchase price for the vehicle from the victim, he/she did not have the intention to pay the loan to theO.
As such, the Defendant, by deceiving the victim, received money from the victim to the post office account under the name of the Defendant for the purpose of loans, and by deceiving the victim in total of KRW 359,590,000 through 31 times from December 6, 2010 to April 28, 2016, as shown in the attached list of crimes, including the amount of money transferred from the victim to the post office account under the name of the Defendant.
2. Embezzlement;
A. On April 22, 2016, the Defendant embezzled 1.5 million won of the loan at the K Office in the jurisdiction of the Cheongju-si, the Defendant: (a) kept the loan of 25 million won from the victim LA to pay for the purchase price of the Tone Star vehicle purchased by the Cheongju-si, and around that time, he voluntarily returned the vehicle purchase to the victim and embezzled the loan of 15 million won by arbitrarily using the remainder of 15 million won.
B. On May 11, 2016, the Defendant embezzled QM3 Passenger Vehicles at the Seo-gu Seowon-dong University, Seowon-dong, Seowon-dong, Seowon-dong, and on May 1, 2016.