Text
A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On April 20, 2012, the Defendant: (a) purchased knit vehicle from a car agency located in the Seongdong-gu, Chungcheongnam-gu; (b) borrowed KRW 26 million from the victim Hyundai Capital Co., Ltd.; and (c) repaid KRW 814,146 on the 25th day of each month by means of equal installment of principal and interest for 36 months; and (d) concluded a installment agreement with the victim on the condition that a mortgage is created on the vehicle purchased by the Defendant.
However, the defendant did not have a certain occupation at the time and did not have an intention or ability to pay installments in accordance with the agreement, even if he was given a loan from the victim.
The Defendant, by deceiving the victim, had the victim remit the purchase price of 26 million won to the account of Abandoned Motor Vehicle Co., Ltd. on the 24th day of the same month, thereby deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Acts and subordinate statutes to the complaint;
1. Grounds for sentencing under Article 347(1) of the Criminal Act for the relevant criminal facts: There are no confession or punishment power, and minor children (two children) to be supported. The grounds for aggravation of damage: None of the recovery of damage;