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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 29, 2016, the Defendant: (a) purchased a benz cream in the name of the Defendant’s mother C at the sale shop of the truck truck Korea located in Yangsan-si; and (b) purchased the benz cream in the name of the Defendant’s mother C; (c) concluded a loan agreement with the victim for the amount of KRW 21,50,000 in the payment within three months; (d) KRW 213,00,000 in the remainder of the vehicle payment; (e) 68 months in the installment period; (e) annual interest rate of KRW 5.9%; and (e) 234,800,000 in the terms of equal repayment of principal and interest; and (e) purchased the ben csch.
However, the defendant did not have a certain amount of income at the time and used it as a living cost. The amount of loans from various financial institutions reaches the amount of 48 million won, and even if the overdue loan to a number of card companies reaches the total amount of 9.44 million won, there was no intention or ability to pay a normal installment even if he/she received a loan from the injured party.
Nevertheless, the Defendant, by deceiving the victim as such, acquired the pecuniary profit equivalent to the total amount of KRW 234,800,000 from the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the Acts and subordinate statutes to the complaint;
1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Persons subject to special sentencing sentencing in the sentencing guidelines between October and June 1, 200 to June 6, 200: Sentence 186 of the Criminal Procedure Act (the basic remuneration of 300,000 won for the national defense counsel) that imposes the costs of lawsuit is 2.1 billion won or more based on the classification of types of crimes, and the sentencing guidelines between June and June 1, 200 and June 6: Sentence 186: Sentence 1 and June 6: Imprisonment with prison labor for the mitigation area (from October 2 to June 6): fraud, including a large amount of fraud, (i) fraud, (ii) a confession of victim’s punishment not for the mitigation area, and (iii) a separate proceeding of each case (so-called 613rd group of fraud), etc.;