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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 4, 2013, the Defendant entered into an agreement on installment financing of a motor vehicle with the content that the Defendant would pay the principal and interest for 18 million won on the security of the D EF motor vehicle owned by the Defendant, and the Defendant would pay the principal and interest for 36 months once a month.
However, the defendant did not have any particular income or property at the time, while the defendant did not have an intention or ability to pay the principal and interest normally even if he received a loan from the victim because he/she had a debt of 48 million won such as card loans.
Accordingly, the Defendant, by deceiving the victim, was given KRW 18 million under the same day loans from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. The head of a complaint, automobile installment financing, application for debate and written agreement, inquiry about details of receipt, details of receipt in preparation for the plan, and application of Acts and subordinate statutes on criminal investigation reports;
1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Social service order under Article 62-2 of the Criminal Act;