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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The defendant purchased a vehicle with a loan from the victim Hyundai Capital Co., Ltd. according to the direction of one-person B who is well aware of his personal information, and immediately returned the above vehicle to a third party and used it.
On August 18, 2011, the Defendant, in collusion with the foregoing B, made a false statement to the effect that “The Defendant would pay KRW 532,327,000 for 36 months each month to the employees of the victim of the purchase of a vehicle for the Eline,” while making a loan for KRW 17 million to the employees of the victim.” The Defendant drafted a loan agreement with the victim.
However, as above, the defendant only thought that he would sell and use money after purchasing the vehicle, and did not have the intention or ability to repay the loan while purchasing the vehicle with the loan from the victim and operating the vehicle normally.
The Defendant conspired with the above B, thereby deceiving the victim, and received delivery of KRW 17 million on the same day from the victim.
Summary of Evidence
1. Examination protocol of the accused by prosecution;
1. Application of F’s statement summary statute;
1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;