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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On the condition that the Defendant borrowed 10,000,000 won from a lender whose name is unknown, the Defendant purchased a secondhand vehicle in the name of the Defendant, and conspired to transfer the vehicle to the said lender.
Around April 16, 2012, the Defendant purchased a wing truck of 15.5 tons of wing C 103 in Suwon-gu, Suwon-si, the Defendant borrowed KRW 60,000,000 per month from May 25, 2012 to August 25, 2015, to pay KRW 2,126,590 per month for 40 months from May 25, 2012 to August 25, 2015. The Defendant borrowed KRW 60,000,000 as a vehicle purchase fund from the victim.
However, as seen above, the Defendant had the intent to obtain a loan of KRW 10,000,00 from the above borrower without the intention or ability to purchase the above truck, and even if the above vehicle purchase funds are borrowed from the victim, the Defendant did not have the intent or ability to repay the above loan.
The defendant obtained a loan of KRW 60,000,000 from the victim for the purpose of vehicle purchase, and immediately purchased the above truck, he/she transferred the above truck to the above borrower, and did not pay the vehicle purchase fund normally.
Accordingly, the defendant, in collusion with the lender who is not aware of his name, by deceiving the victim, obtained a loan of KRW 60,000,000 from the vehicle purchase fund.
Summary of Evidence
1. Examination protocol of the accused by prosecution;
1. Complaints of modern social money corporations;
1. Application for a loan, terms and conditions of loan, examination table, details of deposit, claim list, business registration certificate, copy of passbook, copy of passbook, copy of driver's license, certified copy of resident registration, certificate of seal impression, and
1. Article 347(1) and Article 30 of the Criminal Act; the choice of imprisonment with labor for the crime;