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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 29, 2012, the Defendant concluded a loan agreement with the victim company by making a false statement on the part of the victim company that purchased one of the used vehicles from D offices located in Suwon-si C, Suwon-si, to obtain a loan from the victim Aju Capital Co., Ltd., and that the victim company’s name-free employee “I work in E at present, but I will lend KRW 9.6 million to the 386,270 won per 20 won per month during the 36-month period.”
However, the defendant did not work in E, and there was no special income, so even if he received a loan from the victim company, there was no intention or ability to pay installments.
On March 2, 2012, the Defendant borrowed KRW 9.6 million from the victim for the same day as the vehicle purchase fund, and purchased Fpoter Ⅱ.
Accordingly, the defendant was given property by deceiving the victim company.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. Application of the register of automobiles, loan approval file, application for cancellation of the contract, and application of the contract of the used cars sales; and
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act of the suspended execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the defendant is unable to live in a prison life with brain-explosion, his wife H has a constant disorder, and that the defendant led to the crime of this case
1. It is so decided as per Disposition for the reason of not less than Article 62-2 of the Criminal Act;