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A defendant shall be punished by imprisonment for six months.
Reasons
Criminal facts
On May 10, 2013, the Defendant: (a) purchased 1 unit of Hyundai Motor Vehicle at the Guro-dong 9-2, Guro-gu, Seoul; (b) the Defendant actually purchased the said car and actually paid the installment amount, and (c) received an erroneous loan from 32 million won per annum to 11.9% interest per annum; and (d) submitted the relevant documents, such as an application for a loan, through the employees belonging to the Hyundai Motor Co., Ltd., the installment company, and submitted it to the Hyundai Motor Co., Ltd., Ltd., the Defendant, through the employees belonging to the Hyundai Motor., the Defendant.
However, the fact is that the defendant purchased the vehicle in the name of the defendant without the intention to purchase and hold the vehicle in the form of installment financing loan and applied for the installment financing loan with the intention to dispose of it immediately and make the loan, and there was no intention or ability to pay the installment properly.
The Defendant, by deceiving the victim, obtained a loan equivalent to KRW 32 million from the victim, and had the victim pay to Hyundai Motor Co., Ltd. at around that time, thereby acquiring pecuniary benefits equivalent to the same amount.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Application of Acts and subordinate statutes, such as a loan contract, motor vehicle register, and claim list;
1. Article 347 (1) of the Criminal Act applicable to the crime;
1. The reason for sentencing of selective sentence of imprisonment [the scope of recommending sentence] General Fraud (less than KRW 100,00) (no person who is a special person] / [the decision of sentence] Defendant recognized the instant crime, and there is no record to commit the crime exceeding the fine. Although there is no record to commit the crime, Defendant was sold a car to another person on the day of new registration, paid the car by installments up to three times, and did not pay the remaining amount of damage up to the present day.