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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On April 5, 2011, the Defendant made a false statement to the effect that he/she would pay 48 million won per month to the employee in charge of the Defendant’s loan for each 36-month loan, when he/she applied for a loan of funds necessary to purchase the 7th floor victim D (P) office in Gangseo-gu Seoul Metropolitan Government, and the EVS car in 201.
However, in fact, the Defendant did not have any intent or ability to repay the above amount even if he received the above loan, because he did not work properly at the discount store business and did not want to pay the above amount of goods and monthly rent, and immediately transferred the above vehicle to the borrower and paid the monthly rent.
The defendant obtained a loan of KRW 48 million from the victim company as the purchase price of the vehicle from the victim company and acquired it by fraud.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the suspect examination of the accused;
1. Statement of the police statement concerning F;
1. Application of Acts and subordinate statutes to attached data (a new letter of installment financing and the register of automobiles);
1. In light of the pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts and the method of sentencing as well as the scale of damage, etc., there is a need to strictly punish the defendant insofar as the nature of the crime is inferior and the damage is not recovered.
However, the sentence shall be determined as ordered in consideration of the circumstances of the crime in this case, the age, character and conduct, environment, etc. of the defendant.