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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 October 7, 2011, the Defendant purchased one of the DF car at the AF car agency located in Daegu-gu Seoul (State) Nam-gu, and applied for KRW 13,700,000 for installment financing loans to the victim Hyundai Capital Co., Ltd.
However, in fact, the Defendant purchased a vehicle by leasing the type of installment financing loan, and only intended to lend the vehicle to a person who is a tin of the vehicle, with the intention of financing the vehicle by the method of "protruding tin", and did not have any intention or ability to repay the loan.
The Defendant: (a) by deceiving the victim as above, and had the victim pay KRW 13,700,000 to the motor vehicle (state) on the same day; and (b) obtained pecuniary benefits equivalent to the amount of the loan.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of the Acts and subordinate statutes to the complaint;
1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1)
1. The community service order under Article 62-2 of the Criminal Act;