Text
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On November 25, 2016, the Defendant and C concluded that the Defendant would repay the principal and interest of the vehicle for 36 months each month by creating a mortgage on the vehicle, when filing an application for installment financing for the purchase price of used cars in the name of the Defendant with the NAF Capital Co., Ltd., Ltd., the injured party, the Hanpo-gu Seoul Special Metropolitan City, the Hanpo-si Seoul Special Metropolitan City, 1.1.1.1.25.
However, at that time, C was declared bankrupt due to approximately KRW 2.5 million debt, and approximately KRW 6 million was urged to repay the credit card payment debt. Since the purchase of the said vehicle and the economic situation was urgent enough to immediately provide it as collateral and lend money to other bond service providers, C did not have any intent or ability to repay the principal and interest even if it borrowed money from the damaged party, and the Defendant knew of the above circumstances, upon C’s request, agreed to apply for the loan in its own name.
On the same day, the Defendant and C received 22 million won from the injured party under the name of the Defendant as a loan for installment financing.
Accordingly, the defendant and C were provided property by deceiving the victim in collusion.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of F’s written statements and written complaints-related Acts and subordinate statutes;
1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the selection of fines for the crime;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, by deceiving C with the reason for sentencing, has been passively involved in the crime, and the actual crime appears to have led C, and only the fact that C has been punished twice due to this type of crime, which is favorable to sentencing factors, was not agreed with the victim;