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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, 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 11:00 on April 5, 2012, the Defendant: (a) concluded a sales contract for a two-wheeled vehicle’s 59-1, Dong-dong, Incheon Metropolitan City (hereinafter “Seoul”), and (b) filed an application for an installment loan for the release of the said vehicle with the victim’s right to demand the payment of KRW 24,70,000 with the Defendant purchased the said vehicle from the victim; (c) held the said vehicle, and (d) held the said loan amount of KRW 24,70,000 with interest of KRW 24.9% per annum for every 36 months, the Defendant agreed to pay the victim 1,198,636 won with interest of KRW 24.9% per annum.
However, in fact, the defendant did not have the idea to transfer the above vehicle to another person immediately without holding it even if he/she purchased the above vehicle with the loan from the victim, and the income which he/she was in a non-permanent manner through the part-time fee without any particular property owned was insufficient to cover the interest and living expenses of the defendant about 116,00,000 won of the existing loan of the defendant. Therefore, even if he/she received the installment from the victim, he/she did not have an intention or ability to pay the loan normally.
Around April 14:18, 2012, the Defendant, by deceiving the victim as such, had the victim pay 24,700,000 won to D, who is an employee of the said two-party automobile business office, on behalf of the said two-party automobile business office, in return for the vehicle price, acquired pecuniary benefits equivalent to the said amount.
2. The Defendant, at the time and place specified in paragraph (1) above, entered into a sales contract for Esoda CR-V 4WD, and applied for an installment for shipping out of the above vehicle to the Victim Capital Co., Ltd., and the Defendant purchased the above vehicle after borrowing KRW 29,00,000 from the victim.