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Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
On September 4, 2012, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act at the Busan District Court on September 4, 2012, and the said judgment became final and conclusive on March 15, 2013.
Around March 16, 2007, the Defendant posted an advertisement “C” on the daily information page “C” stating “the high-priced purchase, establishment, seizure, penalty, and removal of fines for negligence,” and, on March 19, 2007, the Defendant came to know that the victim D, who reported and contacted the said advertisement, purchased the said vehicle E in which it was difficult for him to pay the installments, but it was difficult for him/her to do so, the Defendant said that “the Defendant is legally unable to demand the payment from the company to the company of installment if he/she pays the 3-month installment after the vehicle moving, and the Defendant is not punished for fraud.” We are using it.
However, in fact, unless the victim has transferred the installment payment to another person or has paid the installment payment in full, the installment financing company can demand the victim to pay the installment payment, so even if the defendant has received the installment payment from the victim, he did not have any intention or ability to discharge the installment payment from the victim.
On March 20, 2007, the Defendant, by deceiving the victim, received approximately four million won of the market price of the said vehicle from the G parking lot located in the Busan Dong-gu, Busan Metropolitan City.
Summary of Evidence
1. Statements of witnesses D part of the protocol of examination of witnesses other than the fixed date;
1. A copy of the vehicle register, the vehicle register, and C Commercials;
1. A report on investigation (motor vehicle taxes and amount of damage) and a report on investigation (in cases of paying the vehicle installments);
1. Previous conviction: Case search and application of Acts and subordinate statutes;
1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Articles 70 and 69(2)1 of the Criminal Act for the detention of a workhouse;