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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 16, 2011, the Defendant made a false statement to the effect that “In order to purchase a cood vehicle to C, 4 million won is to be paid in installments in 36 months each month in the amount of KRW 1,772,787, by taking the above vehicle as security, the Defendant would make a repayment in installments in 36 months in the amount of KRW 44 million in the amount of KRW 1,72,787 at the continental office of the continental office of the Dispute Resolution Co., Ltd., which is an affiliated company of the World Capital Capital Co., Ltd., Daejeon-gu, Daejeon.”
However, in fact, the defendant was thought that he would immediately transfer 16 million won in cash to the needy and had no intention or ability to repay even if he received the above loan.
The defendant received 44 million won from the damaged person as a fund for purchasing heavy vehicles and acquired it by fraud.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Written statements of D;
1. Complaint;
1. Application of Acts and subordinate statutes on loan application;
1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. For the reason of sentencing under Article 62-2 of the Social Service Order Act, considering the fact that the amount of damage caused by the instant crime is a considerable amount of 44 million won, and the fact that the damage has not been properly recovered, the defendant's liability is unlimited, but the defendant's confession is against himself/herself, the defendant has no criminal record other than the fine, the defendant has no criminal record other than the same criminal record, and the defendant's character, character and environment has been taken into account, and the punishment as ordered shall