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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
On April 25, 2012, the Defendant made a false statement to the purport that “The Defendant would pay 572,486 won each month from April 25, 2012 to 48 months each month from April 25, 2012 to 24 million won if the Defendant borrowed 24 million won as an automobile installment financing, which is insufficient to purchase a high-priced car through its business employees.”
However, in fact, even if the Defendant purchased the vehicle with the above loan at the time, he did not have the intention or ability to repay the loan because he was planning to move to the Canadian with the said money after immediately selling it.
As such, the Defendant, by deceiving the victim as such, received 24 million won as a loan for automobile financing from the victim, namely, in the seat of the victim, and acquired it by fraud.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of the examination table, application form, register of automobiles, details of deposits, and Acts and subordinate statutes of the claim list;
1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, reasons for sentencing of sentence [the scope of recommendation] general fraud [the sentence] shall not be deemed to be less than the basic area (6 to 1 year and 6 months) [the decision of sentence], and shall not be deemed to be less than the amount obtained by deception, and shall be intentionally obtained by formulating a plan to move overseas and intentionally, and the defendant shall not be exempted from punishment corresponding to the defendant as he/she has not been repaid.
However, the sentencing conditions shown in the records, such as the fact that a mistake is recognized, the fact that there is no record of punishment two times of fines due to drinking driving, and the age, character and conduct, the environment of the accused, the background leading to the crime, the situation leading to the crime before and after the crime, shall be