Text
Defendant
A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.
except that for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 2013, the Defendants offered to purchase a vehicle with the so-called "the head of the office", to receive the vehicle purchase price as collateral and to receive the loan from the vehicle, and to make a bankruptcy report.
On September 5, 2013, the Defendants: (a) purchased a Fran TG car at a coffee shop near the Busan High Police Station of the 1311-ro, Seocheon-si, Seocheon-si, Seocheon-si, 311-ro, 84, through Durler E, and (b) offered employees belonging to the victim Lurlera to offer a vehicle purchased on the face of a week with a loan of KRW 13.5 million, and (c) faithfully pay KRW 507,921 per month for 36 months.”
However, the Defendants did not have any intent or ability to hold a vehicle or to repay a loan even if they purchase a heavy vehicle through a high-speed loan as a person of bad credit standing without property.
Nevertheless, the Defendants, in collusion with the so-called chief of office, by deceiving the victim company as above, acquired the remittance of KRW 13.5 million from the victim company.
Summary of Evidence
1. Defendants’ respective statements in the first trial records;
1. The police statement concerning G;
1. Application of one of the Acts and subordinate statutes to a written decision on the auction of the H car in the Changwon District Court;
1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of punishment;
1. The reason for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [the range of recommending punishment] The reason for sentencing under Article 62(1) of the Criminal Code [the range of recommending punishment] is that there is no basic area (6 to 100 million won) (6 to 6 months) [the special person] [the decision of sentencing] planned and intentional crime, the victim loaned money after investigating the credit, etc. of the defendant A, and the part of damage amount in the auction procedure for the above franchise and TG car can be recovered, and the crime is committed.