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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On April 10, 2012, the Defendant purchased the E-learning Car from the A-Motor Vehicle D agency located in Yongsan-gu, Yongsan-gu, Yongsan-gu, U.S. and applied for a loan to the victim to the effect that the Defendant would pay the principal and interest for the period of 36 months each month when the Defendant purchased the E-learning Car from the A-Motor Vehicle D agency in the column of the applicant for the loan application form for the purchase of vehicles of the victim Hyundai Capital Co., Ltd., the Defendant stated “A”, “F”, “F” in the settlement account number column, “G”, “5.9%” in the total loan amount column, “5.9%” in the annual interest rate column, and “36 months” in the repayment period column.
However, at the time, the Defendant did not have any intent or ability to repay the principal and interest even if he received a loan from the victim, because the Defendant had a debt of KRW 3550 million in total to the Bank and the Savings Bank, and credit card debts amount to KRW 10 million,000,000,000.
Nevertheless, the Defendant had the victim pay KRW 9,80,000 to the said car purchase price to the said car company on the same day as above, and exempted the victim from the liability for the amount equivalent to the said amount.
In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.
Summary of Evidence
1. Court statement of the defendant (the second trial date);
1. A summary of the statement of I;
1. Loan review table;
1. Information inside and outside the examination site;
1. An application for automobile installment;
1. Application of the Acts and subordinate statutes governing the motor vehicle register;
1. Article 347(1) of the Criminal Act applicable to the facts constituting a crime, Article 347(1) of the choice of a penalty, Article 347(1) of the Criminal Act, the choice of a fine (the amount of a fine is not significant, the defendant makes a confession and makes a payment in equal amount;
1. Articles 70(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;