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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal records] The Defendant was sentenced to a suspended sentence of six months of imprisonment with prison labor for a crime of violation of the Punishment of Violences, etc. Act at the Cheongju District Court on December 5, 2014, and was sentenced to a suspended sentence of two years, and the above judgment becomes final and conclusive around that time.
[2] Around February 4, 2014, the Defendant: (a) prepared an application for loan of the loan from the Hyundai Capital EFF in order to purchase the D Trading Complex “Mo Capital EF,” located in a reasonable district of Cheongju-si, and submitted it to G by the lender in charge of the above affiliated occupation (25,90,000 won, annual interest rate of 21.90%, annual interest rate of 36 months, monthly payment of 987,794 won).
However, in fact, the defendant had no intention or ability to pay the loan even if he received the loan, because he had purchased the above automobile with the loan and had thought to use the money as living expenses, etc.
Accordingly, the Defendant, as seen above, by deceiving the victim Hyundai Capital Co., Ltd., and letting the victimized company transfer KRW 25,900,000 from the victim’s seat to the Nong Bank account (Account Number: I) in the name of the seller of the said passenger car to the Nong Bank account (Account Number) in the name of H, thereby acquiring economic benefits equivalent to the above amount because the Defendant did not repay the above loan even though he purchased
Summary of Evidence
1. Once the Defendant’s legal statement 1. J.J. and police statement 1. Investigation Report (U.S. Investigation Report Relating to Reference Person) 1. A copy of the loan application, a copy of a resident registration certificate, a copy of a resident registration certificate, a statement of claims for payment of a copy of account, a document verifying the contents, a document verifying the contents, a register of automobile registration certificate, a document of decision on voluntary auction of automobiles in civil procedure, and a document of decision on delivery of automobiles: A criminal record as indicated in the judgment: inquiry about criminal history, investigation report (verification of confirmation of the judgment and attachment of the judgment): the text of the judgment (2014 High Court Decision 2014 High Court Decision 1333), the text of the judgment (Cheongju District Court Decision 2014 High Court Decision 2014No1353), the confirmation date, and the application of the law that
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;