Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On February 25, 2014, the Defendant entered into a contract for installment purchase of a motor vehicle on the condition that the Defendant would pay KRW 35 million every month 691,391, every 60 months at the location of Yongsan-gu Seoul, Yongsan-gu, Yongsan-gu Office for 40 Hyundai Motor Vehicles, and that the Defendant would purchase the vehicle to have a high-priced motor vehicle with a staff member in charge of the victim rink Capital Co., Ltd. in charge.
However, in fact, the Defendant, upon purchasing an automobile through an automobile installment loan, was thought to sell it and use it as the marriage fund for his wife. At the time, the personal debt was about KRW 260 million, and the repayment was made by means of credit card repayment from around 2013, and there was no intention or ability to repay the loan.
The defendant had the above employees of the victim company pay 35 million won of the purchase price of the above vehicle on behalf of the victim company, thereby acquiring property profits equivalent to the above amount.
Summary of Evidence
1. Court statement of the defendant (the second trial date);
1. Statement of the police statement regarding C;
1. Application of Acts and subordinate statutes, such as the register of automobiles, new discount agreements, resident registration copies, Samsung Card transfer records, Korean banks, real estate register, and details of transactions;
1. The reason for sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the choice of punishment [the scope of recommending punishment] In light of the following: (a) there is no basic area (6 months to 100 million won) (6 months to 16 months) of the General Fraud [the decision of sentencing] [the decision of sentence] in light of the methods and contents of the instant crime; (b) the nature of the crime is inferior; (c) the degree of damage is heavy; (d) the Defendant did not completely recover from damage in addition to the payment of the three-time installment amount; and (e) the Defendant did not have any record of punishment several times including the suspended sentence, it is inevitable to sentence sentence on the Defendant.
except that the defendant is in this Court.