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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On July 16, 2012, the Defendant purchased 10,000 won (26,870,000,000 won) at the Daegu Suwon-gu Modong-gu 45-38, the Defendant concluded that, through C, an employee of the Hyundai Motor Vehicle Daegu Branch, Hyundai Capital Co., Ltd., the Defendant borrowed 22,50,000 won (22,50,000 won) to pay the 60-month amount per share (462,708 won per week).
However, in fact, the defendant did not have any intention or ability to repay the principal and interest of the victim company because he purchased and transferred the vehicle under the name of the defendant to the homeless who did not receive any property or income, and he purchased the vehicle by an agreement to receive the money in return.
As above, the Defendant, by deceiving the victim, had the victim pay KRW 22,50,00 to the Hyundai Motor Corporation in subrogation of the defendant for the vehicle price from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of the Acts and subordinate statutes to the complaint;
1. In light of the pertinent legal provisions on criminal facts and Article 347(1)(a) of the Criminal Act’s reasoning for sentencing, Defendant need to strictly punish Defendant in light of the following: (a) it is deemed that the vehicle purchased by Defendant was a small business operator to immediately transfer the vehicle purchased to an unqualified person; (b) obtained a loan from the victim under the name of the purchase price of the vehicle; (c) the crime is heavy; (d) the damage is not recovered; and (e) it appears that the purchased vehicle was transferred to the Maren Co., Ltd. without actual loss; and (e) it appears that the purchased vehicle is distributed
However, the defendant has been unfolding to pay money while living together with old age, has committed a crime, has a depth of his or her mistake, has not been gained by the defendant due to a crime, on the other hand, he or she has been subject to the obligation of the loan, and there is only a previous offense of fine, and there is no other reason.