Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 15, 2013, the Defendant was sentenced to a suspended sentence of two years for criminal fraud in the Daejeon District Court's Incheon District Court's 23th of the same month, and the judgment became final and conclusive.
around February 2012, "C" means that the defendant will be paid KRW 10 million to him/her.
In other words, it is possible to pay money if it is possible to exchange cash.
“A person who borrowed a vehicle under the name of the Defendant to purchase the vehicle, and D will provide E with two million won to three million won or more.
On the other hand, a joint and several surety applied for a loan under the name of the defendant and the loan was granted, and the above automobile is distributed as so-called "Spool", and the loan was offered not to be repaid.
Accordingly, around April 4, 2012, the Defendant: (a) prepared a “application/agreement for installment financing and erroneous debate on automobiles” with the content that the Defendant, at the office of “H” in the G car trading company located in Gangseo-gu Seoul Metropolitan Government F, provided as collateral to the victim capital Co., Ltd. and applied for a loan of KRW 35 million; (b) signed the said agreement as a joint guarantor; and (c) obtained a loan of KRW 35 million from the damaged party to purchase IW car, thereby acquiring pecuniary benefits equivalent to the said amount.
Accordingly, the Defendant, in collusion with one another, obtained pecuniary benefits equivalent to 35 million won by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Entry of the statement protocol made by the prosecution against E;
1. Statement in the police statement before J; and
1. Application for discussion on the errors in installment financing/a copy of a brief statement, notification of the loss of time limit, and inquiry about the details of receipt, each of the original register of automobile registration;
1. Previous convictions: Application of the Acts and subordinate statutes in which inquiries about criminal history (A) and investigation reports (Attachment of the same type of judgment) are made;
1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 62(1) of the Criminal Code of the Suspension of Execution (the grounds for the following sentencing)