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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On February 9, 2011, the Defendant applied for a loan of automobile purchase fund to the modern capital of the victim, as if he had the intent and ability to repay the loan, by purchasing the modern car C branch in Daegu-gu, in an amount equivalent to KRW 33,740,000 at the market price.
However, the defendant did not have any intention or ability to repay the money even if he/she received a loan from the injured party due to the lack of money.
The Defendant, by deceiving the victim as such, received a loan of KRW 29,300,00 from the injured party on terms of the loan period of 48 months and the repayment method of principal and interest in installments, and paid the loan as the price for a passenger car to Hyundai Motor.
Accordingly, the Defendant was given a loan of KRW 29,300,000 by deceiving the victim.
Summary of Evidence
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police against D;
1. Application of the Acts and subordinate statutes to the complaint;
1. The reason for sentencing under Article 347 (1) of the Criminal Code of the pertinent Article on criminal facts [the scope of recommendations] The basic area (from June to June) of type 1 (the period of less than 100 million won) [no person who is subject to special sentencing] [decision of sentence] - Unfavorable normal circumstances: The amount of damage caused by the purchase of a vehicle by obtaining a loan from a damaged person in spite of the defendant's intent and ability to repay the loan, and the immediate sale of the vehicle is reasonable, and the damage has not been recovered. - The normal circumstances include the fact that there is no record of the crime exceeding the same kind or fine for the defendant favorable to the defendant - The fact that there is no record of the crime committed in excess of the defendant's age, sexual behavior, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. shall be determined as ordered by the Disposition.