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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
1. On March 19, 2012, the Defendant: (a) filed an application for a credit card issuance with the staff member affiliated with the Hyundai Card Co., Ltd. for the purchase of the Spouse car at the Audio Motor Vehicle D agency located in Jung-gu Seoul Metropolitan Government.
However, the Defendant had, at the time, thought that he would sell the said car to another person without any particular property, and had no intention or ability to pay the credit card fee by departing from the United States for the purpose of moving April 25, 2012.
As such, the Defendant, by deceiving a staff member in charge of the victim company, was immediately issued a credit card from the victim company through the said staff member, and then paid the sum of KRW 3,196,000 on March 19, 2012 and KRW 3,196,00 on March 21, 2012 to purchase the said car.
2. The Defendant, at the same place as, March 21, 2012, applied for an installment loan of KRW 27,000,000 to the staff-in-charge affiliated with the Defendant Hyundai Capital Co., Ltd. for the purchase of a car in the Spath place at the same place as, in March 21, 2012.
However, the Defendant had, at the time, thought that he would sell the said car to another person without any particular property, and had no intention or ability to repay the loan, such as leaving the United States for the purpose of moving April 25, 2012.
As such, the Defendant, by deceiving the staff in charge of the victim company, was given KRW 27,00,000 on the same day as a loan to the victim company through the said staff.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning E and F;
1. Application of Acts and subordinate statutes governing entry into or departure from Korea;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;