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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is the representative director of D Co., Ltd.
On March 22, 2013, through E, the vehicle loan broker, the Defendant purchased H re-scheduled vehicles in the name of D Co., Ltd. at the office of G corporation located in Daegu Suwon-gu, Daegu-gu (F), through G Co., Ltd., through G Co., Ltd. I, the Defendant made a false statement to the effect that “The Defendant would pay 1,509,930 won each month for 60 months by lending KRW 68,50,000,000, excluding India, out of the purchase price, to purchase the re-scheduled vehicles.”
However, the defendant or D Co., Ltd did not have an intention or ability to pay the principal and interest promised even if the defendant or D Co., Ltd. was given a loan from the victim capital Co., Ltd.
The Defendant had the victim sofath Capital Co., Ltd. pay KRW 68,500,000 to G Co., Ltd. for the same day, thereby acquiring property profits equivalent to the same amount.
Summary of Evidence
1. Partial statement of the defendant;
1. The part concerning each of the statements made by J and K in the protocol concerning the interrogation of the accused by the prosecution
1. Statement made by the prosecution against E;
1. Statement by the police concerning L;
1. A written application for the complaint of Aju Capital, an automobile registration ledger, and a written application for the flusium to be flusium;
1. An investigation report (referring to a report on hearing statements by a witness M phone);
1. Application of Acts and subordinate statutes to report on investigation (report on confirmation, such as delivery of vehicles);
1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. The reason for sentencing in the main sentence of Article 62-2(1) of the Social Service Order Criminal Act, Article 59(1) of the Act on the Protection, Observation, etc. [the scope of recommending punishment] of the type 1 (less than KRW 100 million) of the general fraud area (one month to one year), in the mitigation area (person with a special mitigation), in a case where punishment is not imposed or considerable damage is recovered [the decision of sentence], in a case where 8 months of imprisonment and 2 years of suspended sentence (the victim’s scale of damage, etc.).