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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 7, 2013, the Defendant purchased K7 passenger cars from D located in Gangnam-gu Seoul Metropolitan Government, and applied for a loan of KRW 37 million to E for a loan of the victim's Hyundai Capital Co., Ltd. as a fund for the purchase of the said car.
From March 15, 2013 to February 15, 2018, the term of the loan was equal to the principle of KRW 760,897 per month, and the Defendant applied for the loan, and entered the workplace called “F” and the annual income was 34,60,000 won.
However, in fact, the Defendant had no specific place of work at the time and had no specific property at the time, sold the said car immediately after the purchase and intended to prepare the amount agreed on violent case with the sale price. Therefore, even if the Defendant received a loan from the victim company, he did not have the intent or ability to pay the loan normally.
After all, the Defendant, as such, by deceiving the above E and received 37 million won from the said E’s occupation.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Copy of the statement made to G by the police;
1. Application of the Acts and subordinate statutes to a petition for complaint and a consultation list;
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] general fraud [Article 62(1) of the Act on the Suspension of Execution [Article 62(1) of the Criminal Procedure] (Article 62(1) of the Act on the Suspension of Execution [Article 62(1) of the Punishment and Punishment of Specific Fraud [Article 1(1) of the Punishment and Punishment of Specific Fraud] [Article 62(1) of the Punishment and Punishment of Specific Fraud [Article 62(1) of the Punishment and Punishment of Specific Fraud] (Article 62(1) of the Punishment and Punishment of Specific Fraud or where considerable damage is restored [Article 62(1)]