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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 11, 201, the Defendant drafted a letter of agreement on the loan of automobile purchase with the content that “The Defendant would pay 631,835 won per month to 66 months from February 10, 2011 to October 10, 2014, on the face of the damage to the security interest of the automobile,” with the content that “The Defendant would pay 631,835 won per month to 36 months from February 10, 201 to October 11, 2014.”
However, even if the Defendant received an automobile installment loan, the Defendant intended to prepare cash by purchasing and selling the vehicle with no intent or ability to repay the loan as agreed upon.
The Defendant, by deceiving the victim as above, was given a loan of KRW 20,800,00 from the victim on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of the Acts and subordinate statutes to the complaint;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommending punishment] The mitigated area (one month or year less than 100 million won), the mitigated area (one to one year), or the case where considerable damage was recovered from the crime of this case [the decision of sentencing] although the degree of damage caused by the crime of this case is not less than that of the defendant, the defendant is against himself at the time of the crime of this case, and the victim expressed his intention not to punish the defendant by mutual consent with the victim, and other factors such as the defendant's age, character and behavior, environment, motive or circumstance of the crime, means and consequence of the crime, the circumstances after the crime of this case are considered.