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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
C has received a loan from a capital company in the name of another person and purchased a new vehicle with the loan, and has the intention to hold a "motor vehicle tin" as a prompt name to lend funds by selling it immediately, and purchased a motor vehicle in the name of the defendant in the name of the defendant, and then raise funds by selling it.
The defendant consented to this.
On March 29, 2013, the Defendant: (a) purchased a passenger car in Gangseo-gu Seoul Metropolitan Government under the name of the Defendant; and (b) obtained a loan from the Plaintiff’s Hyundai Capital Co., Ltd. to purchase a passenger car under the Defendant’s name; (c) even if it was planned to dispose of the car immediately and prepare the fund; and (d) did not have the intent or ability to pay installment, the Defendant prepared a car sales contract, a car installment application, and issued the said loan-related documents to D; and (d) had D submit the said loan-related documents to the Defendant Hyundai Capital Co., Ltd., Ltd., and received KRW 49,800,000 from the victim for the purpose of the loan.
Accordingly, the defendant, in collusion with C, acquired money from the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the accused by the prosecution (including each part of the E and F's statements);
1. Statement made by the police with regard to D;
1. The examination table;
1. Documents related to the installment, such as an application form for a motor vehicle, a motor vehicle transaction contract and a motor vehicle registration certificate;
1. An investigation report (to attach details of account transactions in the A name);
1. Application of Acts and subordinate statutes governing a loan approval;
1. Grounds for sentencing prescribed in Article 347 (1) and 30 (Selection of Imprisonment) of the Criminal Act in relation to the relevant criminal facts and the choice of punishment;
1. One month to ten years from the date of imprisonment with prison labor for a prison labor within the scope of punishment by law;
2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the basic area [the scope of the recommended punishment] of Class 1 (a decision on the recommended area] (a decision on the recommended area] (a decision on the recommended area] [the scope of the recommended punishment] six months to one year and six months.
3. The decision of sentence shall be made by the defendant;