Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On January 12, 2016, the Defendant: (a) sought to post a telephone from the victim (owner) Grand Capital at a D agency located in Yongsan-gu Seoul Metropolitan Government; and (b) borrowed KRW 33.9 million from the purchase price of vehicles, the Defendant said to the effect that the Defendant would repay KRW 653,806 on January 20, 201 to January 20, 2021, when he/she borrowed KRW 33.9 million from the purchase price of vehicles.
However, in fact, the defendant provided the above vehicle F as security, and planned to borrow 7.5 million won from F, and even if he received the above loan from the victim, he did not have the intent or ability to repay the loan.
Nevertheless, the Defendant made a false statement to the victim, and caused the victim to pay 33.9 million won to the On-site Motor on January 12, 2016, thereby obtaining pecuniary benefits equivalent to the same amount.
Summary of Evidence
1. Defendant's legal statement;
1. G statements;
1. Details of loans, inquiry into trading orders, terms and conditions of loans, details of requests, and register of automobiles;
1. Application of Acts and subordinate statutes to an investigation report (to hear G telephone statements from the staff of Hyundai Capital Head Office in the Yong-Namn Area Headquarters);
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 sentence] The reason for the sentencing [the scope of recommending sentence] under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for sentencing as follows] and the basic area (6 to 100 million won) (6 months and one year and six months)] (the decision of sentencing] that there is no person who has been a special offender] [the decision of sentencing] unfavorable circumstances: the victim’
The defendant is against the principle of good faith.
The defendant could not consume and retain most of the criminal proceeds.
In order to pay damages, some installments made efforts as well as to pay damages.
There is no criminal record against the defendant.
The age, character and conduct, environment, and environment of the defendant.