A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On August 24, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. at the Incheon District Court on February 23, 2013, and completed the execution of the sentence.

On March 28, 2013, the Defendant purchased a high-water vehicle from E-E-E-Wurd from a corporation with B1st floor S082, Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, and made a false statement to the employee in charge of Hyundai Capital Co., Ltd., Ltd., who borrowed vehicle purchase funds every three years on the face of the week.”

However, the defendant did not have the intention or ability to repay the borrowed money even after receiving the borrowed money from the victim, and was thought to lend the funds by disposing of the cars purchased in installments as collateral.

The Defendant, as above, by deceiving the victim, received 11.2 million won as a loan through the above account of D Co., Ltd. designated by the Defendant from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A complaint;

1. An application for middle and high loan, the register of automobiles, the details of installment payments, the certificate of automobile transfer, the certificate of money rent, the certificate of automobile operation, the certificate of vehicle abandonment, and the certificate of receipt of the balance of capital loan;

1. Application of Acts and subordinate statutes to criminal history records, inquiry reports ( repeated crimes and criminal records and attachment of judgment);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of recommendations according to the sentencing guidelines [decision of types of crimes] Fraudulent crimes, Type 1 (less than KRW 100 million) (the scope of recommendations and recommendations) basic area, six months to one year and six months;

2. Determination of sentence: A sentence of imprisonment with prison labor for April is inevitable for the defendant in light of the fact that the defendant commits the crime of this case even though he/she has committed a repeated crime, and most damage has not been recovered;

However, the defendant is deeply divided and reflected in the crime of this case, and the defendant commits the crime of this case.