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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On June 7, 2011, the Defendant: (a) prepared and delivered the “Agreement on Loan of Motor Vehicles” in the name of the Defendant to the person under whose name the Defendant would give a loan to the Dong office located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon; and (b) delivered the “Agreement on Loan of Motor Vehicles” to the employee in charge of the injured Athithi (ju) of the said “BM to purchase the said vehicle; (c) was scheduled to pay KRW 1,239,280 for each monthly payment between 36 months and 36 months if the vehicle price is loaned.”
However, in fact, the Defendant did not have any particular income at the time, and was engaged in old-age care without a fixed residence, and thus, even if having received a loan under the name of the Defendant, the Defendant did not have the intent or ability to repay the loan. The “C”, which the Defendant stated, was a old-age company with only the Defendant and the name-based persons registered as business in order to obtain a loan under the name of the Defendant, and was not aware of whether the said loan was paid by the name-based persons.
On the same day, the Defendant borrowed KRW 30 million from the victim company on the same day.
Accordingly, the defendant and his name in person was delivered property by deceiving the victim company in collusion.
Summary of Evidence
1. A protocol concerning the interrogation of each police suspect against the accused;
1. Statement made by the police against D;
1. Each investigation report (a list of evidence Nos. 2-4);
1. Application of the Acts and subordinate statutes to the complaint;
1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;