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A defendant shall be punished by imprisonment for not less than five months.
Reasons
Punishment of the crime
On October 10, 2012, the Defendant submitted a certificate of employment and a certificate of income tax withholding to the employees in charge of the loan brokerage company B, a loan brokerage company of the victim 104, both Seocho-gu Seoul and Seocho-gu, Seoul, for the purpose of 200,000 won for each month, stating that “I will pay in installments to the employees in charge of the loan, who are in charge of the purchase of the vehicle in order to purchase the vehicle C A8,000 won. If I work in D and received the payment of KRW 4,100,000 for each month, there is no problem in payment.”
However, in fact, the defendant would immediately dispose of the above vehicle to another loan broker, and there was no working or monthly payment in D, and the above employment certificate or withholding certificate was forged by the loan broker. The defendant did not have any other property and did not have an intention or ability to pay the above installment normally.
Nevertheless, on October 10, 2012, the Defendant, by deceiving an employee in charge of loans with the power to represent the lending business of the victim, received KRW 28.5 million from the victim, in the name of loans for automobile purchase to B Account Co., Ltd.
Summary of Evidence
1. Each prosecutor's protocol of examination of the accused;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to the credit balance inquiry, deposit status in comparison with pet lines, register of automobiles, application for installment financing, certificate of withholding income tax, certificate of employment, certificate of certificate of employment, copy of passbook, certificate of eligibility for health insurance, confirmation of eligibility for health insurance, entry and departure, details of entry and departure, investigation report (report on the contents of E currency by a complainant),
1. The grounds for sentencing under Article 347(1) of the Criminal Act for the pertinent provision of the criminal facts and the choice of punishment are planned and organized.