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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On December 10, 2014, the Defendant, in collusion with his name in collusion, submitted “B Poter II truck” to the victim Hyundai Capital Co., Ltd. (hereinafter “B Poter”) in the neighboring office of Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, Seoul around December 10, 201 and repaid it up to 36 months on the face of the week.
“The” prepares an application for the borrowed loan of modern character, and the person under whose name the application was not made by the Defendant, with a certificate of seal impression, and a copy of the driver’s license, submitted to the employee in charge of the victimized person.
However, the defendant did not intend to pay the principal and interest of the loan even if he did not receive the loan from the injured party, because he did not have any revenue so that the defendant would acquire the above cargo and would receive the money in return.
The Defendant had the victim pay 12.5 million won of the purchase price of the vehicle to the seller of the defective cargo, and the name influence was issued by the seller.
Accordingly, the defendant, in collusion with a person who is not a person with a name but with no name, deceiving the victim, thereby acquiring pecuniary benefits equivalent to KRW 12.5 million.
Summary of Evidence
1. Statement by the defendant in court;
1. A supplementary statement of C's complaint (including each accompanying document);
1. Application of the Acts and subordinate statutes to the complaint;
1. Article 347 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1));