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Defendant shall be punished by a fine of four million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On October 17, 2014, the Defendant was sentenced to ten months of imprisonment for a crime of fraud at the Daejeon District Court, and the judgment was finalized on October 25, 2014. On January 15, 2015, the Daejeon District Court sentenced three years and six months of imprisonment for a crime of fraud, etc., and the judgment became final and conclusive on January 23, 2015.
On December 22, 2010, the Defendant: (a) committed an act as if the trade name in Seosan-dong, Seo-gu, Daejeon, was re-satisfy in the coffee shop; and (b) concluded that “A vehicle is under repair, and the vehicle needs to be purchased as a vehicle for a long time; (c) a vehicle is likely to be purchased as a vehicle in the name of the vehicle in the name of the main place; and (d) a vehicle is to be purchased as a vehicle in the name of the main place; and (d) a vehicle is to be transferred in the name of the vehicle thereafter.”
However, there was no particular income from the Defendant around that time, and there was no intention or ability to pay the installment, even if the Defendant purchased the vehicle in the name of the victim because the interest amounting to approximately KRW 88 million is equivalent to KRW 5 million each month.
On December 23, 2010, the Defendant, by deceiving the victim as such, had the victim purchase DM7 car under the victim’s name (hereinafter “instant vehicle”), and had the victim borrow KRW 27 million from Hyundai Capital Capital Co., Ltd. for the purpose of vehicle purchase funds.
Accordingly, the Defendant acquired the above loans worth KRW 27 million, which is the debt amount.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement of the police statement regarding C (including attached documents);
1. Investigation report (date of release);
1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (Attachment to a copy of judgment of the same kind as a suspect);
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The order of provisional payment;