A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, in the used car trading company D, Inc. operated by the victim C in Bupyeong-si, was working for the sales company (one person (one person) without concluding a separate labor contract with the victim.

In other words, the defendant borrowed the money necessary for the purchase of a vehicle from the damaged person due to the lack of his own funds, purchased the used vehicle with the money, made a transfer registration in the future of the above trading company, and received the loan by offering the used vehicle purchased in the capital company as security within 3 months, and repaid the money borrowed by the victim with the loan, and repaid the borrowed money by the loan to the victim by operating the business for 3 months after the loan is due, and repaid the borrowed money by selling the used vehicle, and the remaining profit from the sale of the used vehicle has been operated by the defendant by acquiring it (such as arranging the sale of used vehicle).

1. On July 3, 2014, the Defendant seeks to purchase the victim’s “new SP vehicle” at the foregoing D office around July 3, 2014, and the purchase fund is needed.

A false statement was made to the effect that it would be immediately repaid after the sale of the vehicle by borrowing KRW 4,00,000 from the purchase fund.

However, as the defendant did not have any property at the time and the income is insufficient, he thought that he would think of the borrowed money as living expenses, etc., and he did not have the intention or ability to repay the borrowed money.

The Defendant was transferred 4,00,000 won to an enterprise bank account (Account Number: E) in the name of the Defendant under the name of the Defendant for the purpose of borrowing money from the victim.

2. On October 18, 2016, the Defendant made a false statement to the effect that “The Defendant would immediately sell the vehicle if he/she borrowed KRW 24,000,000 from the purchase cost to the victim,” at the above D office.

However, in fact, the defendant is economical.