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1. The defendant shall be punished by imprisonment with prison labor for six months;
2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;
Reasons
Punishment of the crime
The Defendant, as if the Defendant actually purchased and used fices from his name in fact, purchased fices with a financial company’s installment loan, and offered a proposal to lend the name to the Defendant’s disposal of fices. On January 31, 2011, the Defendant entered into an installment financing contract with the victim Non-Party 24,306,80 won of 24,301 with the Korea Co., Ltd., Ltd., and BMW 1,200G, 201 with the Defendant’s spouse registered as the Defendant’s spouse of family relationship, and had the Defendant use fices and possess it normally.
However, in fact, the Defendant borrowed only the above contract name in order to receive a fixed price from the person who was in the name of the Defendant or C, and actually was not a person who will operate the Defendant or C, and the Defendant was already given a loan of KRW 1,920,000 from the social loan company of the Plaintiff, which was already given a loan of KRW 1,920,00 on September 6, 2010, and the Defendant was suffering from economic difficulties, such as receiving a loan of KRW 55,60,793 from the Kimcheon Credit Cooperative on December 31, 2010, and there was no intention or ability to repay the loan even if it was received under the name of the Defendant.
Nevertheless, the Defendant, as mentioned above, by deceiving the victim company as above, obtained pecuniary benefits by borrowing KRW 24,306,801 from the victim company.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness D;
1. Statement made by the prosecution with regard to D;
1. Statement made by the police against D;
1. A copy of an installment transaction agreement to be made and a written request for preliminary examination;
1. Register of two-wheeled motor vehicles;
1. Comprehensively taking account of the above evidence in the creditor list, the defendant was aware that he was given a loan to the contractor by means of installment financing.