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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On January 5, 2017, the Defendant entered into a financial agreement on the condition of equal installment payment of principal and interest and establishment of a mortgage on automobile, when the Defendant applied for a loan of KRW 27,500,000 for a loan of KRW 2,750,000 for the purchase fund of high-class vehicles DW vehicles by telephone to the staff of the Victim Ig Capital (State) in the office located in Busan metropolitan area B, Nam-gu.
However, in fact, DMW vehicles are still in repair, so it is impossible for the Defendant to trade in the middle and high-speed store, and the Defendant submitted photographs attached by changing the number plate of DM vehicle on other BMW vehicles to the employee of the victim's loan counseling as if the Defendant purchased DMW vehicles. Even if the Defendant was granted a loan from the victim, the Defendant did not have the intent or ability to set up a security on the above vehicle or pay the principal and interest in equal installments.
Nevertheless, the defendant deceivings the staff of the victim's capital as above, and he received 27.5 million won as a loan from the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A written statement;
1. A report on investigation (a statement by a witness G phone);
1. Application of Acts and subordinate statutes on vehicles actually purchased BMW written applications for an erroneous debate, a contract for the establishment of a right to collateral security on a motor vehicle, pictures attached on a registration number plate, motor vehicle register, ledger of registration of a motor vehicle, details of receipt of gold from the principle of discrimination on a license plate;
1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment (the means of fraud), the grounds for sentencing of sentence of imprisonment [the scope of recommended punishment] [the grounds for sentencing of punishment]] of the basic area (six months to one year and six months) [the person who is subject to special sentencing] [the decision of sentence] [the defendant] borrowed the motor vehicle purchase price by the method of changing the vehicle number plate, etc., and did not purchase the motor vehicle thereafter. The defendant did not purchase the motor vehicle thereafter. The method of crime is defective and the criminal liability is heavy, the defendant did not fully repay the loan principle. However, the defendant is against the criminal act.