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A defendant shall be punished by imprisonment for not more than ten months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around May 8, 2012, the Defendant: (a) entered into an agreement with DDAD agency in Daegu-gu, Daegu-gu to pay KRW 49.8 million with a loan borrowed from the victim; and (b) submitted to the victim an application for a loan with the content that “the loan shall be repaid KRW 1,167,273 per month during 48 months.”
However, even if the defendant purchased the above car, he thought that he would sell it immediately without the intention to operate, and thus, he was not a person subject to installment financing, and there was no intention or ability to repay the above loan when the overdue amount of credit card payment exceeds 50 million won.
As such, the Defendant, by deceiving the victim as above, had the victim pay 49.8 million won to the modern automobile under the name of the car price on the same day, acquired the pecuniary benefits equivalent to the same amount.
2. On May 22, 2012, the Defendant: (a) entered into an agreement with the victim that he/she will receive a loan of KRW 73 million from the victim in purchasing construction machinery in the Daegu-gu E Construction Machinery Sales Office; and (b) to pay KRW 2,530,568 per month in purchasing the flag; and (c) filed an application for a loan with the victim, stating that “the loans shall be repaid KRW 2,530,568 per month for 36 months.”
However, the Defendant did not have any intention or ability to repay the loan, since he thought that the Defendant would immediately sell the above scambling machine without any intention to operate the scambling machine and thus was not subject to installment financing, and the overdue amount of the credit card price was equivalent to 50 million won.
Accordingly, the Defendant, by deceiving the victim as above, had the victim pay for the amount of KRW 73 million on the same day, and acquired the same amount of property profit by having the victim make a substitute payment to the LABS.
Summary of Evidence
1. 4 times;