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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On August 29, 2011, the Defendant entered into a contract with Hyundai Motor Vehicle Co., Ltd., Ltd., Ltd., which is located in the Hocheon-dong, to receive a loan of KRW 48 million out of the vehicle purchase fund from the victim Hyundai Capital Co., Ltd., Ltd., and to repay the loan amount of KRW 36 months, monthly payment of KRW 1,495,304, interest rate of KRW 7.60%, overdue interest rate of KRW 24%, interest rate of KRW 24%, and equal division of principal and interest.
However, in fact, even if the victim company borrowed the vehicle purchase fund from the victim company, there was no intent and ability to repay the principal and interest.
As such, the Defendant, by deceiving a person in charge of the above name misstatement, was loaned KRW 48 million from the victim company.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the examination of the accused by the prosecution;
1. Statement of the police statement regarding C;
1. Details of passbook transactions and copies thereof;
1. Application of Acts and subordinate statutes to report on investigation (D Telephone statement hearing report);
1. Relevant Article 347(1) of the Criminal Act concerning criminal facts (the choice of imprisonment - the details of criminal conduct, the fact that no damage has been recovered, the relationship of criminal records, etc.);