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1. The defendant shall be punished by imprisonment 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
On November 2, 2010, the Defendant purchased a middle and high-speed vehicle of "F" located in the Busan Shipping Daegu E, and received a loan of KRW 24 million from the Hyundai Capital Co., Ltd. to the damaged party through its employees in the middle and high-speed vehicle of KRW 1,017,524 each month for 36 months.
A false agreement was made.
However, in the absence of a fixed occupation, the Defendant was in a state of non-permanent revenue such as water, etc., and the upper part of the Defendant purchased from the above loan was disposed of in another place, and was thought to be used as the Defendant’s living expenses, etc., so even if he received the above loan, there was no intention or ability to repay it.
In the end, the defendant deceivings the victim as such, and let the damaged person transfer KRW 24 million to the F account as the fund for the purchase of the second vehicle.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the statutes governing the statement protocol to H;
1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] General Fraud / [No person who is subject to special sentencing for six months to one year] / [whether a person is subject to suspended execution] / Major Reasons for Consideration : negative agreement - In cases where a significant amount of substantial damage is considerably small or a considerable amount of damage is recovered - General Reasons for Consideration : Imprisonment with prison labor for 10 months / [the prosecutor's opinion] / 10 years of suspended execution and community service 240 hours in prison for six months