Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal power] The Defendant was sentenced to three years of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) in the support of the Daejeon District Court on May 17, 2007, and completed the execution of the sentence in the official prison on April 3, 2010.
【Criminal Facts】
The defendant purchased a motor vehicle with an installment loan for a motor vehicle, and thought to prepare living expenses, etc. as a method of disposing of it immediately.
On December 10, 2010, the Defendant: (a) had no intent or ability to repay installment loans; (b) had an agreement with E, a business employee, to purchase only one unit of te, and the purchase cost of the te, with the agreement to appropriate installment loans through installment loans; (c) had an application for installment loans kept in the said place and filed an application for installment loans with Hyundai Capital Co., Ltd. by submitting them through the said E; (d) had an application for installment loans with the said e to submit the installment loans to Hyundai Capital Co., Ltd.; and (e) had the victim acquired it by means of borrowing KRW 16,600,000 on the condition that the principal and interest of 36 months is equal.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to inquiries, such as an application for loan [criminal records] inquiry report, investigation report (report on confirmation of the expiration of punishment execution period);
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;
1. Application of the sentencing criteria;
(a) Tangibles: General fraud and type 100 million won or less;
(b) Scope of recommendations: Imprisonment with prison labor in the basic field; from six months to one year and six months; and
2. Determination of sentence is a crime committed during the repeated crime period, and no reimbursement for damage was made;
The same sentence as the order shall be pronounced within the scope of the recommended sentencing criteria.