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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On October 26, 2013, the Defendant purchased 1 unit of D Habrid Habrid Habrid Haba car at the first floor in Seoul Special Metropolitan City, Nowon-gu, Seoul around October 26, 2013, and paid KRW 505,715 per month to employees of the offset branch of the victim Hyundai Capital Co., Ltd. with the money to purchase the said car for 60 months.
A false statement was made.
However, at the time, the defendant had no intention or ability to pay the principle in time, even if he/she received a loan for the purchase price of the vehicle due to no particular property or income.
Nevertheless, the defendant deceivings the victim company as above and received 25 million won from the victim company as the fund for purchasing vehicles on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application form for Hyundai Capital, Automobile Registration Register, Delivery Status, Guidance on Loss of Time Limit, Notice of Claim Details, Application of Acts and subordinate statutes concerning the history of counseling for Capital Capital;
1. In light of the relevant legal provisions on criminal facts and the reasons for sentencing of Article 347(1) of the Criminal Act (elective of imprisonment) for sentencing, the instant crime requires a strict punishment for the Defendant, taking into account the following: (a) the Defendant acquired by deceptioning the victim’s company the amount equivalent to KRW 25 million; and (b) the fact that the damage was not recovered at all.
However, considering the facts against the defendant, the primary offender, the age, occupation, sex, family relationship, motive and circumstance of the crime, etc. of the defendant and the conditions of the sentencing as shown in the records, the punishment like the order shall be determined.