A defendant shall be punished by imprisonment for four months.

Punishment of the crime

The Defendant purchased one set of a set of classes of vehicles at the Jongno-gu Seoul Jongno-gu Seoul Metropolitan Government 214 Aro-type car business office on January 9, 2013, and took an attitude as to the repayment of normal installment loans, and entered into a contract for installment loans to pay KRW 9.7 million to the victim-affiliated loan company in the amount of KRW 298,622 per month during the period of 36 months.

On January 10, 2013, the Defendant purchased a 1 unit of K5 car at the same place, and entered into an installment loan agreement with the said victim to pay 19.7 million won per month from the said victim for 36 months.

However, at the time, the Defendant applied for a seizure and collection order on the Defendant’s deposit account due to the total amount of KRW 140 million, and even if he was indicted for fraud that received insurance money due to false theft report, he did not have any intent or ability to repay the amount even if he did not have any other self-sufficiency in the state of need for the repayment of damage.

Nevertheless, the Defendant received a total of 28.7 million won under the pretext of installment loans twice as above from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Statement to C by the police;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to the complaint, application for loans, statement of claim, register of automobiles and details of deposits;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Of the concurrent offenders, the Defendant’s reason for sentencing Article 37 first sentence, Article 38(1)2, and Article 50 of the Criminal Act is divided into the instant crime, and there is no same kind of power exceeding the fine. However, even though, until the full payment date of the borrowed money, the Defendant agreed not to dispose of the purchased automobiles to another person, such as transfer them to another person without the consent of the victim, but sells the automobiles to another person on a non-specified and two weeks after the new registration of the vehicle.