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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On March 30, 2011, the Defendant was sentenced to imprisonment of 8 months and a fine of 1.7 million won for fraud, etc. at a flood control center on March 30, 201, and completed the execution of the sentence at the flood control center on July 22, 201.
On May 5, 2012, the Defendant conspired with a sub-loaner for the first time, and concluded a sub-sale contract to purchase a vehicle by borrowing money from the victim Hyundai Capital Co., Ltd. for 36 months by way of selling a vehicle as if the Defendant continued to use it, and concluded a sub-sale contract to purchase the purchased vehicle by means of installment redemption for 36 months, and decided that the purchase of the vehicle be divided by receiving it from a sub-loaner against the will of the victim company.
Around May 9, 2012, the Defendant purchased a B SP car equivalent to KRW 23,940,000 at the location of a vehicle network in Jung-gu, Seoul, and entered into a contract with the victim company to make installment payments of the principal and interest for 36 months borrowed from the victim company at an annual interest rate of KRW 6.8% per annum from the victim company, and entered into a contract with the victim company to pay the principal and interest of KRW 20,000 from the purchase price. The Defendant agreed that the victim would not dispose of the said car without the victim company’s consent until the full repayment of the loan is made, and that the victim would pay KRW 20,000 on behalf of the defendant as the purchase price for the vehicle at the location of a vehicle network, with the loan repayment of KRW 20,000 at that time. The said vehicle was issued.
However, the defendant was thought to have been disposed of at will without the consent of the victim company and divided the price.
After all, the Defendant deceivings the victim as above, and acquired pecuniary benefits equivalent to KRW 20 million from the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A complaint book, an application form for the vehicle register of modern Capital, designated deposit, and the register of automobile registration;
1. His previous convictions.