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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On December 21, 2010, the Defendant purchased a car with the amount of KRW 35950,000,000 at an agency of Bao Automobile Co., Ltd., Ltd. located in Sungnam-gu, Sungnam-si, and received a loan from the victim Hyundai Capital Co., Ltd. with the amount of KRW 60 months and annual interest rate of KRW 24% on the condition of repayment of principal and interest equal.
However, in fact, the defendant purchased the above vehicle with a vehicle installment loan and provided it as a security, and there was no intention or ability to pay the above installment normally.
Nevertheless, the Defendant obtained a loan of KRW 35 million as above and caused the victim to pay the above loan to a car company, thereby acquiring pecuniary profits equivalent to the above loan.
Summary of Evidence
1. Police for the accused and each protocol of examination of the prosecution;
1. Application of the police statement law to D;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;