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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On March 8, 2013, the Defendant purchased 1 Ecopic new Ecoc vehicle from the D Agency Co., Ltd. at the mobile phone sales store in Daejeon Dong-gu Daejeon, Daejeon, and falsely stated that “The Defendant would make payment in installments in the amount of KRW 487,320 per month for the loan of KRW 20,000,000,000 to KRW 48,000 per month for the loan of KRW 20,000.”
In fact, the defendant did not have the intention or ability to pay monthly installments normally because there was no certain income even if he received a vehicle installment loan from the victim.
The Defendant, as such, by deceiving the victim and making an automobile installment agreement with the victim, took economic benefits equivalent to the same amount in a manner of not paying the next installment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made by the police officer on F;
1. Statement in the investigation report (verification of the solvency of performance);
1. Application of Acts and subordinate statutes to a complaint filed and an application for debate on automobile financing;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The punishment shall be determined by taking into consideration the following: (a) the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act recognizes the crime; (b) the installment was partially paid; and (c) the defendant filed a complaint with a lending broker in the process that he/she did not have any actual benefit since he/she belonged to the lending broker; and (d) there was