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A defendant shall be punished by imprisonment for four months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 27, 2012, the Defendant applied for an installment loan of the purchase fund for used cars to C, who is a staff member in charge of the victim Aju Capital Co., Ltd., by the fact that he/she applied for an installment loan of the purchase fund for used cars at the mutual influent coffee shop in Gwangju Dong-gu, Gwangju, and prepared and submitted a written contract for an application for a loan of KRW 13 million with the purchase fund for vehicles.
However, even if the defendant received a loan from the victim, he purchased the vehicle, delivered it to the victim, and received the payment of 3 million won from the victim, and did not have the intention or ability to pay the installment to the victim.
The Defendant, as such, by deceiving the victim, received KRW 13 million from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to a copy of the register of automobiles, a detailed statement of loans, or a copy of the application for cancellation of payment;
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;
1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1) of the Criminal Act provides that although the amount of damage is not much than 13 million won in total, the following circumstances are taken into account: the Defendant’s mistake is divided and reflected; the Defendant has no particular criminal record other than once a fine; the Defendant has paid a total of 36 installment payments up to the second installment payments; the Defendant collected the motor vehicle and sold it in the future; the Defendant also agreed with the victimized company; and the Defendant appears to support his or her offspring aged 7 years after divorce