Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant purchased a new vehicle through a passenger vehicle installment loan as the business fund needs to be used, and sentenced to sell it to lend cash.
On April 25, 2013, the Defendant applied for a new loan of KRW 33,00,000 to Hyundai Capital Co., Ltd. for a new loan of KRW 33,000 to the victim Hyundai Capital Co., Ltd. through D, who is an employee in charge at the Hyundai Motor C Branch in Ischeon-si B, and agreed not to dispose of a passenger car purchased without the consent of the above victim until the full repayment of the loan.
However, in fact, even if the defendant borrowed a new car and purchased a new car, he was only planned to lend money by selling it immediately and did not have an intention or ability to operate the car or to pay installment in a normal way.
The defendant deceivings the victim through D, and caused the victim to pay 33 million won out of the purchase price of the new car around that time.
Accordingly, the defendant, by deceiving the victim, acquired financial benefits equivalent to 33 million won.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by the prosecution (including the statement in D)
1. A E-document;
1. Details of statement of complaint (including attached documents, such as a letter of delegation) and account transactions;
1. Application of Acts and subordinate statutes to each investigation report (including attached documents);
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;
1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act;