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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.
Reasons
Punishment of the crime
The defendant, on August 22, 2012, stated the "Abandoned Motor Vehicle Business Point" in 1016, which was 1016, as the vehicle price was insufficient, the defendant would pay 83,90,000 won per month from September 25, 2012 to August 25, 2016 to the employees of the business under the name-free business establishment belonging to the inner branch of the victim Hyundai Capital Co., Ltd., Ltd., through the above employees under the name-free business establishment through the above employees under the name-free business establishment, to pay 2,032,528 won per month for 48 months from September 25, 2012 to August 29, 2012. However, on August 29, 2012, stated "the same date (i.e., August 22, 2012)", but there is no concern that the defendant's right of defense might be actually affected by the defendant's exercise of his right of defense ex officio.
When purchasing rocketing (C) cars at the same place, the victim company’s business employees in the same manner concluded that “underpaid 13,00,000 won will be repaid in 42,532 won each month for 36 months from September 25, 2012 to August 25, 2015.”
However, there was no intention or ability to repay the loans of the victim because of the absence of fixed income and there was no other property because of the lack of the operation of singing at the time.
Therefore, the Defendant obtained each loan of KRW 83.9 million on August 24, 2012 from the victim, and KRW 96.9 million on August 31, 2012 from the victim and acquired the total amount of KRW 96.9 million.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes, such as the relevant vehicle contract and accusation (including attached documents);
1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the decision of type] of general fraud [the amount of less than 100 million won] - The elements for mitigation: the amount of punishment not to be imposed [the decision of the recommended area] mitigated area (one month or one year of imprisonment] - The main reasons for mitigation: