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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On February 22, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act in the Busan District Court on May 23, 2013, and the judgment became final and conclusive on May 23, 2013. On July 23, 2013, the Defendant was sentenced to one year of imprisonment with prison labor in the Busan District Court for fraud, etc., and the judgment became final and conclusive on December 16, 2013.
On November 201, the Defendant made a false statement to the effect that “If the Defendant borrowed the victim’s name, he would have borrowed the second passenger vehicle loan from the victim’s name to the third party, he would transfer the second passenger vehicle in the name of the Defendant or a third party in the name of the third party after purchasing the second passenger vehicle loan from the victim’s name.”
However, in fact, the defendant did not have certain income or assets at the time and did not have an intention or ability to transfer the name of the second registered vehicle to the name of the defendant or a third party, even if he borrowed the second registered vehicle and purchased the second registered vehicle with the second registered loan borrowed from the victim.
Nevertheless, the Defendant: (a) obtained the consent of the victim by deceiving the victim as such; (b) obtained the consent of the victim; (c) obtained a loan of KRW 23 million from the Aju Capital Co., Ltd. on November 14, 201 under the name of the victim; and (d) obtained a loan of KRW 13 million from the Hyundai Capital Capital Co., Ltd. on November 17, 201; and (c) obtained a loan of KRW 13 million under the terms and conditions of repayment for 36 months from the Hyundai Capital Capital Co., Ltd. on November 17, 2011; and (d) obtained a loan of KRW 13 million under the terms and conditions of repayment for 36 months from the Hyundai High Capital Co., Ltd.; and (e) obtained financial benefits equivalent to the same amount.
Summary of Evidence
1. Partial statement of the defendant;
1. Each prosecutor's protocol of examination of the accused (including the E-statement);
1. Statement to E by the police;
1. A complaint;
1. A statement of the investigation report added.