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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On February 17, 2014, the Defendant made a false statement to the effect that “The Defendant would repay KRW 24,700,000 to an employee of the Victim’s Bank Co., Ltd. for a loan of KRW 24,70,000 for a loan and KRW 891,460 every month for 36 months,” within the D office located in the Nam-gu Incheon Metropolitan City, Seoul.
However, at the time of fact, the defendant did not pay the card price in excess of 40 million won, while he bears the obligation equivalent to 40 million won to another person, there is no particular property or income, and the defendant did not have any intention or ability to pay it properly even if he received a loan from the victim.
The Defendant, as above, by deceiving the victim as above, received KRW 24,700,000 from the victim as the price for purchasing a vehicle with the same day.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. An application agreement for debate, the register of automobiles, the president of a general fund loan loan, etc.;
1. Application of Acts and subordinate statutes to report on investigation (credit inquiry report);
1. Article 347 (1) of the Criminal Act applicable to the crime;
1. Reasons for sentencing selecting a sentence of imprisonment with prison labor [Scope of Recommendation] General Fraud (less than KRW 100,00) in light of the following: (a) there is no basic area (less than six months to one year and six months) [decision of sentence] [the amount of damage] and the amount of damage has not been recovered; (b) the defendant appears to have committed a crime; (c) there is no criminal history of the same kind; and (d) there are various sentencing factors, including the defendant’s age, character and behavior, environment, motive and circumstance of a crime, and circumstances after a crime, etc., as indicated in the disposition;
(No legal detention shall be made once taking into account the amount of damage, etc.)