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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
Defendant,
1. On November 23, 2012, without the intent to obtain a loan for purchasing funds for the purpose of purchasing and operating an actual vehicle, C, applying for a loan of KRW 13,500,000 from the old Branch Office Office of the Victim Hyundai Capital Capital Co., Ltd. for a loan of KRW 13,500,000,000 from the victim as a loan, without any intent to obtain a loan for purchasing and operating an actual vehicle;
2. Around November 27, 2012, without the intent or ability to repay the actual loan, the company purchased the DA5 car from the owner of the company that is a company that is a company that is a company that is a company that is a company that is a company that is a company that sells the car to the effect that “it is a company in E, thereby making a loan of 5 million won to pay the purchase price for the car” in the social society that is held by the Korean company that is a company that is a company that is a company that is a company that sells the car to the effect that “it is possible to pay the purchase price for the car
Summary of Evidence
1. Defendant’s legal statement to the effect that “I have received money like facts constituting a crime at the time of market”
1. The police statement concerning F;
1. A complaint filed by G;
1. Application of loan application, written agreement, details of installment payment and register of automobiles Acts and subordinate statutes;
1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;
1. Determination as to the defendant and his defense counsel's assertion among concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act
1. The principal defendant actually purchased and operated a motor vehicle and received a loan for this purpose, and thus there is no intention to commit fraud. On the other hand, the victim lending institution has conducted a self-examination and conducted a loan, and there is no causal relationship between the act of disposal and the act of disposal.
2. Determination:
A. The intent of defraudation, which is a subjective constituent element of the crime of fraud of law, is to be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial history, environment, details of the crime, and the process of transaction before and after the crime unless the Defendant confessions. The intent of the crime is conclusive.