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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
【Criminal Power】 On September 16, 2009, the Daejeon High Court sentenced the Defendant to a second year and six months of imprisonment for rape, etc., and completed the enforcement of the sentence in the place of origin of the Daejeon Correctional Institution on March 4, 2011. On December 24, 2014, the Daejeon High Court sentenced the Defendant for one year and six months of imprisonment for a violation of the Punishment of Violence, etc. Act (a violation of the Act on the Punishment of Violences, etc. (a collective, deadly weapons, etc.) and became final and conclusive on January 1, 2015.
【Criminal Facts】 The Defendant and B had purchased a motor vehicle in the name of B scheduled to become a bad credit holder immediately through the motor vehicle with the motor vehicle with C, received a loan from the financial company for purchase of the said motor vehicle as security, and sold the said motor vehicle again to a third party to lend money.
On June 19, 2013, the Defendant and B prepared and submitted an application for installment financing of used cars with the purport that “F shall purchase G 2 vehicle in the name of “F” in the E used vehicle trading complex located in Seo-gu Daejeon, Daejeon, and receive a loan of KRW 12 million from the victim capital, the Defendant and B shall pay KRW 427,230 per month for the next 36 months, and shall not dispose of the relevant vehicle by the time of installment payment, such as transfer and lease.”
However, in fact, the Defendant and B planned to provide the above 2 vehicles as collateral and to provide the money to a third party immediately after purchasing the said 2 vehicles, and planned not to pay the loan by using the fact that B is scheduled to become a person with bad credit standing between 10,000, so there was no intention or ability to pay the loan in full even if he/she received the loan from the victim.
The Defendant and A, as above, by deceiving the victim, wired 12 million won from the victim to the Agricultural Cooperative Account in the name of C.
Summary of Evidence
1. Each prosecutor's protocol of examination of the accused and the B;
1. Each prosecutor's statement concerning H and C;
1. Statement of the police officer to I;
1. Each report on investigation;
1. To inquire the head of the complaint, the application for installment financing contract, the business registration certificate, the register of automobiles and the balance of debentures; and