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The punishment of the accused shall be determined by a year of imprisonment.
Reasons
Punishment of the crime
On August 17, 2012, the Defendant stated to the effect that “The Defendant purchased a vehicle with a loan of KRW 18 million from a middle and high 27 tons dumpr (F) vehicle to E, a company affiliated with Ariju Capital Co., Ltd., Ltd., Ltd., which was located in Ariyang-si, Seoul, that “The Defendant would pay 623,090 won each month for 36 months from September 14, 2012.”
However, in fact, even if the Defendant had a dump dump vehicle and received a loan from the injured party, he did not wish to use the loan for the purchase of the vehicle, and was thought to be used for the personal purpose, such as repayment of the loan already borrowed from the injured party due to the above loan, and there was no intention or ability to repay the loan due to economic difficulties.
As above, the Defendant: (a) deceiving the victim; (b) received the remittance of KRW 18 million on the same day from the victim as a vehicle loan; and (c) received a total of KRW 260,895,000 through five times from around that time to April 22, 2013 as stated in the crime list in the attached Form by the aforesaid method; and (d) acquired the money by defrauded.
Summary of Evidence
1. Statement by the defendant in court;
1. Part concerning the statement of G and E in the suspect interrogation protocol against the defendant
1. Written complaint and accompanying documents of Aju Capital Co., Ltd.;
1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;
1. The grounds for sentencing [the scope of recommending punishment] of Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act for criminal facts [the scope of recommending punishment] are general fraud [the scope of recommending punishment] as a result of adding up two types (at least KRW 100 million, but less than KRW 500,00) to the basic area (at least KRW 100,000, KRW 500) and one-third of the types of concurrent crimes (from August to four years), in which the lower limit of the recommended sentence is mitigated [a special mitigation (special mitigation)] to the victim is also liable for the occurrence of crime or the expansion of damage.