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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The Defendant, from November 201 to April 2013, 201, lent money equivalent to approximately KRW 55 million from the branch and the lending company without any property in the absence of any property, to raise money by immediately selling a vehicle with a shortage of gambling funds, during the period of using approximately KRW 55 million as daily living expenses and screen gambling funds.
Therefore, on April 2013, the Defendant made a false call to female employees of the victim’s new card company at the middle speed coffee shop near Gangnam-gu Seoul, Seocho-gu, Seoul, the Seocho-gu distributiondong, stating that “If the limit is set temporarily to purchase a vehicle, the Defendant will pay 3,1710,000 won for the vehicle in good faith for three months.”
However, as above, the Defendant had no intention or ability to pay the card price within a fixed period of time, since he sold immediately a car in a situation where he/she was unable to repay the principal and interest of the debt amounting to approximately KRW 55 million without any import.
The Defendant, by deceiving the victim as above, obtained approval of the card limit of KRW 3,1710,00 from the victim, and purchased the BK5 hybrid car from the Ba-dong Municipal Ordinance of Macheon-si on April 15, 2013, and paid the vehicle price with the card, and acquired the pecuniary benefits equivalent to the same amount in the manner of not paying the price.
The Defendant, on April 2, 2013, prepared a “Agreement on Installment Financing and Erroneous Subdivision” to the effect that if he/she lends KRW 90,000,000 to purchase a 4.5 tons vehicle to the victim D Co., Ltd. (the representative director E) and the wing 4.5 tons, he/she would pay the 2,686,263 won each month for 48 months at an office where the trade name in the Geumjin-gu Geumjin-gu Seoul Special Metropolitan City on April 2, 2013 is unknown, he/she will have the name around that time.