Text
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On October 8, 2014, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Incheon District Court, and the said judgment was finalized on October 16, 2014. On November 13, 2014, the Incheon District Court sentenced six months to imprisonment for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc., and the said judgment became final and conclusive on November 21, 2014.
【Criminal Facts】
The defendant would be able to purchase a vehicle with a loan to B, and he purchased a vehicle with a vehicle purchase fund borrowed in the name of B, and thought that he will collect it.
On April 19, 2013, the Defendant purchased the NAS E vehicle at the Hyundai Automobile D agency located in Gangnam-gu Seoul Metropolitan Government Seoul, and had the said B purchase the NAS E vehicle and operate the actual vehicle and applied for the loan as if the payment was made normally.
However, the Defendant only attempted to sell the vehicle immediately after purchasing the said vehicle, and did not have the intent or ability to pay the vehicle installments normally even if the vehicle was purchased with the loan from the victim.
The Defendant, as above, by deceiving the victim, received 43,400,000 won as a loan for automobile installment financing from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Protocol concerning the examination of suspect B (including the F part concerning the statement);
1. A copy of the statement made in F;
1. A copy of the G Planning;
1. A summary of the statement of H;
1. Written complaint prepared by the Hyundai Capital Company;
1. Investigation report (Investigation of the chief executive officer of the transmission station);
1. A report on investigation (report on the details of conversations with any person for reference) and a written statement of G;
1. Investigation report (to listen to B telephone statements and attach details of account);
1. Details of account in the bank account B in the name of Korean bank;
1. A written application for part of a motor vehicle rounding modern capital;
1. Automobile register;
1. Previous convictions: Criminal records, and other inquiry reports and investigation reports, and the current status of the accused.