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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[2013 Highest 397]
1. Around June 2012, the Defendant: (a) borrowed KRW 20 million from the Defendant’s father’s BGW vehicle as security; and (b) was unable to repay this, the Defendant sold the said vehicle to the Victim BH on July 2012.
2. On August 30, 2012, the Defendant stated that “Around November 30, 2012, the Defendant shall deliver the victim the vehicle payment of KRW 16,000,000 to the victim in installments three times for three months, at the BJ office in Seocho-gu Seoul Metropolitan Government (BI).”
However, the Defendant did not have the intent or ability to repay the borrowed money even if the vehicle is delivered from the victim.
Nevertheless, the Defendant made a false statement as above and acquired the amount of KRW 16,000,000 from the victim of BGW vehicle on the same day.
[2013 Highest 1179] The Defendant did not agree at a bank to obtain a loan as a security at Gyeongnam-si, Yangsan-si. Even if the Defendant obtained a bank loan, the relevant loan alone could not cover the land purchase cost and the cost of studio construction without initial investment. Therefore, even if the Defendant did not have the intent or ability to operate studio construction business without initial investment, he was willing to defraud the victim by deceiving the victim BN of the victim and BM.
1. On October 23, 2012, the Defendant: “BP located in Ulsan-gu BO operated by the victim BMF; “B is a person specialized in bank loan brokerage; BK and BL land currently coming into a sale, and will bring a big profit to a studio construction project if the studio construction project is conducted. Land purchase cost and construction cost would be paid upon receiving a loan, and initial funds would not enter one. As such, it would be possible to obtain a loan up to 1.2 billion won, the Defendant would promise the loan to pay KRW 50 million in return for the promise to deliver the truck as security and deliver it to B.”