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A defendant shall be punished by imprisonment for not less than one year and six months.
An applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
On December 9, 2011, the Defendant was sentenced to imprisonment of two years and six months for fraud, etc. at the Daegu District Court on December 9, 201, and completed the execution of the sentence on June 21, 2013.
1. The fraud defendant concluded a vehicle sales contract under the name of the defendant's mother C, and the defendant's use is the defendant, and on July 21, 2014, in E located in D, the defendant would pay KRW 33,50,000 to the defendant's 20th day of each month for 36 months if he/she lends KRW 33,50,000 to the defendant's cub capital to F.
A false statement was made.
However, the defendant did not have any intention or ability to repay the loan even if he/she has received the loan from the injured party under bad credit standing.
As above, the Defendant was granted KRW 33,500,000 as a loan from the victim by deceiving the victim as above.
2. On August 26, 2014, the Defendant entered into a vehicle lease contract under the name of Defendant’s wife G, and the Defendant was to use. G entered into a lease contract with the content of the Defendant’s principal amounting to KRW 61,821,660, the lease period of 60, the lease period of 60 months, and the lease amount of KRW 1,194,370, at the I office located in Daegu Suwon-gu H. Around August 26, 2014.
On August 26, 2014, the Defendant: (a) was placed in custody for the victim by operating a car owned by the victim, etc.; (b) on January 28, 2015, the Defendant, upon receiving notification of the termination of the lease contract and the return of the vehicle from the victim on the ground of unpaid rent once after the lease fee was paid on one occasion; (c) rejected the return of the said son’s vehicle equivalent to KRW 61,821,660 at the market price without any justifiable reason.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspects of G by each prosecutor's office (including the K's statement);
1. Statement made by each police with respect to G or L;
1. A contract for leasing of motor vehicle facilities, terms and conditions of lease, and a certificate of registration of motor vehicle;
1. Receipt of lease fees, and notification of the cancellation of a vehicle lease agreement;