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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
On May 13, 2015, the Defendant purchased used cars at the office of the victim Aju Capital Co., Ltd., Ltd., 60, Ulsan-gu, Ulsan-gu, Seoul-gu, to pay KRW 1,093,570 per month for 48 months, and was loaned from the victim company KRW 36 million.
However, the defendant did not have the intent or ability to repay even if he borrowed from the victim company.
The Defendant, as above, was accused of the victim company and received KRW 36 million from the victim company.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to a complaint, a detailed statement of loans, and a written application for the second part of lusence;
1. Relevant legal provisions concerning the facts of crime and reasons for sentencing under Article 347 (1) of the Criminal Act of the choice of imprisonment;
1. Recommendations of the sentencing guidelines (decision of types of punishment) types 1 (less than KRW 100,00) (the scope of recommendation) of general fraud (the amount of punishment shall be limited to 6 months of imprisonment or 1 year and 6 months (the basic area) [whether a sentence of suspension of execution is suspended] - The major reasons for the negative reference: Unagreement - The main reasons for the negative reference: The significant amount of damage is considerably small - The reasons for the negative general reference: A criminal record of the same kind of crime, or a criminal record of the suspension of execution on at least two occasions, or no effort to recover damage exists;
2. Additional considerations: (a) a person who has been sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act at the Ulsan District Court on November 4, 2013; (b) a person who has been sentenced to a suspended sentence of three years, repeats the crime during the suspended sentence of imprisonment with labor for a fine of one year and six months in 2004; and (c) a person who has been sentenced to a fine of two million won in 2004 in 2010; and (d) a person who has been sentenced to a suspended sentence of ten years in 2010; and (b) a person who has a criminal offense
3. Six months of imprisonment with prison labor for a sentence;