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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On September 26, 2008, the Defendant borrowed KRW 16,80,000 from the Hyundai Capital Capital to purchase C to purchase the car in the middle school in the name of the middle school in each of the used cars located in the Dong-gu, Daegu-gu, Daegu-gu, Seoul-do. On September 26, 2008, the Defendant paid all the taxes imposed on installments and vehicles in the future.
“A false statement” was made.
However, the defendant did not have the intention or ability to pay the installment and tax normally even if he purchases a vehicle in the name of the victim in installments due to the lack of special property or a certain income, even if he purchases the vehicle in the name of the victim.
As such, the Defendant, by deceiving the victim as such, had the victim borrow the name when the Defendant purchased the car at a premium rate on the same day from the victim, had the victim pay an installment of KRW 16.8 million, and had the victim acquire property profits equivalent to the same amount.
Summary of Evidence
1. Statement of the police suspect interrogation protocol against the accused;
1. Statement in the police statement protocol against B; and
1. Application of each of the Acts and subordinate statutes stated in the register of motor vehicle registration, the details of Hyundai Capitals;
1. Relevant legal provisions on criminal facts and Article 347(1) of the Criminal Act’s reasons for sentencing [the scope of applicable sentences under the law] from 1 month to 10 years of imprisonment [the types of decisions] general fraud [the scope of recommended sentences] / [the scope of recommended sentences] from 6 months to 1 year and 6 months [the scope of suspended sentence] / Major reasons for suspended sentence - In cases where significant damages are considerably small in the scale of positive damages or substantial damages are recovered: there are no efforts to recover negative damages - there are no general reasons for suspended sentence - there are no criminal records for suspended sentence [the decision of sentence] that there are no positive or more criminal records for a general reason, and the defendant did not endeavor to recover damages even if he/she acquired economic benefits by deceiving a victim.