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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On September 20, 2012, the Defendant: (a) purchased the 2010-type EF 17 million won in the market price at the 'D' office of the Hanwon-si Dadong 2, Gangwon-si; and (b) borrowed the 36-month loan period, 27.90% of the loan interest rate, 5-month payment date, 702,263 won in equal interest and interest, etc. to the employees of the victim Hyundai Capital Co., Ltd. in the name of the vehicle price, the Defendant said that the Defendant would repay the loan to the employees of the victim Hyundai Capital Co., Ltd. in the form of the vehicle price.
However, at the time of fact, the Defendant did not have any particular property and did not have any income, so even if he received the loan, there was no intention or ability to repay the loan.
Nevertheless, the Defendant made the victim make a false statement, i.e., he remitted the above loans of KRW 17 million to the account designated by the Defendant from the seat, and paid it as the purchase price of the vehicle.
Accordingly, the defendant acquired property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Application for the loan of modern capital, confirmation of the details of loan, and application of the Acts and subordinate statutes to the written complaint;
1. The reasons for sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts are as follows: (a) the Defendant, upon receiving the instant heavy loan, has again sold his/her vehicle to the lending business entity without repaying the loan one time after receiving the instant heavy loan; (b) the nature of the relevant crime is inferior; (c) the Defendant has a record of having been sentenced to a punishment for the same crime; and (d) has not made a serious effort to recover from damage; and (e) the sentence against the
The punishment of a defendant shall be determined by taking into consideration all other circumstances shown in the records.