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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The Defendant is a person who engages in the business of buying and selling heavy cars from time to time after borrowing the purchase price of used cars from the victim C, and if he/she purchases and sells used cars, he/she has repaid the borrowed money with the profits.
1. On February 24, 2015, the Defendant made a false statement to the victim C, stating that “The Defendant leased 35 million won to purchase BMW X3.”
However, the Defendant, on February 3, 2015, posted a notice on the “D” sales site, and thereafter borrowed money from the damaged party, such as no longer having sold the vehicle, there was no idea to use the money as the purchase cost of the vehicle. Since the Plaintiff continued to engage in the secondary and high-ranking sales business, and there was no financial situation such as the Plaintiff’s obligation to pay KRW 20 million with the other party, it was thought to use the said money in the repayment of the Defendant’s existing obligation, etc., and there was no intention or ability to pay the borrowed money normally.
The Defendant, as such, by deceiving the victim, received 35 million won as the purchase price for vehicles from the damage victim to the SC bank account under the name of E.
2. On March 11, 2015, the Defendant made a false statement to the victim C, stating that “Around March 11, 2015, the Defendant leased KRW 30 million to purchase an out-of-the-counter vehicle.”
However, on the grounds as stated in Paragraph 1, the defendant was thought to use the money that he received from the injured party for the repayment of the defendant's existing obligation rather than the purchase price of the vehicle, and there was no intention or ability to pay the borrowed money normally.
The Defendant, as such, by deceiving the victim, received from the victim the remittance of KRW 30 million as the purchase price for the vehicle from the SC bank account under the name of E.
3. On March 26, 2015, the Defendant made a false statement by phone call to the victim C, and “BMW 520D lending KRW 34 million to purchase used vehicles.”
However, it is true.