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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On February 25, 2016, the Defendant expressed to the public service offices of the office of the office of Daegu-gu, Daegu-gu, Seoul-gu, that the Defendant would take the Defendant’s loan of KRW 23 million to the Defendant’s agent by proxy for the Defendant’s loan of KRW 23 million from the Hyundai Capital to the Defendant’s purchase of the Defendant’s (State) car owned by Hyundai Capital D in 2012, taking into account the Plaintiff’s (State).
However, in fact, the Defendant was not an employee of the Hyundai Capital, and at the time, was responsible for the debt amounting to KRW 400 million, and there was no intention or ability to pay the Defendant a loan from the Hyundai Capital to the Defendant’s debt amounting to KRW 23 million.
Nevertheless, the Defendant, as seen above, made the victim make a false statement to the victim and caused the victim to enter into a contract to obtain a loan of KRW 23 million from the (ju) Hyundai Capital Capital Capital in the name of the victim, and then transferred KRW 23 million to the F’s account in the name of the father of the Defendant from the (ju) Hyundai Capital Capital to the F’s account.
Accordingly, the defendant deceivings the victim, thereby acquiring pecuniary benefits equivalent to KRW 23 million, and has the victim bear obligations equivalent to the same amount.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of loan agreement, registration certificate, and certificate of transfer confirmation Acts and subordinate statutes;
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the damage to the victim of this case was almost not recovered.
The fact that the defendant is against the will be considered as favorable circumstances.
In addition, the punishment as ordered shall be determined by comprehensively taking into account the circumstances prescribed in Article 51 of the Criminal Act, such as the criminal records of the accused, the amount obtained by deceit, age, motive for the crime, etc.