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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On June 5, 2012, the Defendant filed an application for a vehicle installment loan with the Defendant’s wife’s name on the condition that “a loan of KRW 45,00,000, loan period of KRW 36 months, loan interest rate of KRW 21.90, interest rate of KRW 21.90, and principal amount of KRW 1,716,244 per month, including interest and principal amount,” in order to purchase modern car truck with heavy height at the headquarters of Suwon-si D Co., Ltd. located in Suwon-si C.
However, in fact, the Defendant failed to pay 100 million won or more, and the personal rehabilitation procedure was in progress, and there was no certain income or property since it was planned to do so, while paying monthly rent and living expenses every month. Since the Defendant planned to dispose of the truck that failed to exercise the security right established on the truck in question by the damaged company, the Defendant did not have the intent or ability to pay the loan properly to the victimized company.
As such, the Defendant, by deceiving the employees of the victimized company, received KRW 45,000,00 from the victimized company as a loan for a motor vehicle installment.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Application of Acts and subordinate statutes concerning applications for secondhand goods D, certificates of vehicle takeover, and contracts for the transfer of automobile management rights;
1. The sentence shall be imposed to the defendant in consideration of the fact that the pertinent Article of the Criminal Act, Article 347(1) of the Criminal Act, the reason for sentencing selection of imprisonment with labor does not specify the amount of damage in this case, and the injury has not been repaid even after a considerable period has already elapsed from the date of the crime. However, the defendant's mistake is divided, and the defendant has no criminal record for the same kind of offense, and the punishment shall be determined as ordered in consideration of the age, character