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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On November 29, 2012, the Defendant was sentenced to imprisonment with prison labor and six months in the Daegu District Court for fraud, etc., and the judgment became final and conclusive on April 26, 2013.
On August 20, 2012, the Defendant entered into a mid-term installment agreement with the victim of a credit business chain to obtain a loan of KRW 20,000,00 and to repay KRW 826,191 each month at a rate of 27.9% during the 36-month period, when the Defendant purchased a car through an installment loan to the employee in charge and faithfully pays the installment.
However, even if the defendant received an installment loan from the victim, the defendant did not have an intention or ability to repay the installment loan in time as agreed.
The Defendant, as such, by deceiving the victim, received KRW 20,000,000 from the victim for a loan to purchase a vehicle on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. B written statements;
1. Previous convictions: Application of a copy of judgment;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, although the defendant committed the crime of this case during the period of repeated crime, considering the fact that there is a criminal record under the latter part of Article 37 of the Criminal Act and the principle of equity should be taken into account in the case of concurrent judgment, the defendant agreed smoothly with the victim, and other conditions of sentencing specified in the arguments of this case, such as the defendant's age, character, conduct and environment, motive, means and consequence of the crime, after considering the circumstances after the crime.