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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On October 16, 2009, the defendant was sentenced to ten months of imprisonment for fraud at the Busan District Court, and the execution of the sentence was completed in the port prison on July 2, 2010.
On June 30, 2011, the Defendant made a false statement that the Defendant would pay 358,444 won each month in installments every month from July 20, 201 to 36 months from July 20, 2011 so that he/she can purchase vehicles using the victim’s new installment financing loan from the “GM treatment vehicle sales business place” located in Agu-gu Seoul Metropolitan Government.
However, there was no intention or ability to pay the installment even if the automobile was purchased by installment.
The Defendant, by deceiving the victim as such, committed an automobile installment contract purchased at KRW 11,80,00,000 on the principal of the vehicle in 2012, and for KRW 36 months on the installment period, the Defendant acquired the same pecuniary benefits from the victim by failing to pay KRW 11,80,000 out of the purchase price of the said vehicle by subrogation, and by failing to pay KRW 11,49,572 out of the price.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Previous convictions in judgment: Application of the Act and subordinate statutes to criminal records and investigation reports (date of release);
1. Article 347 (1) of the Criminal Act applicable to the crime;
1. Selection of imprisonment with prison labor chosen;
1. Article 35 of the Criminal Act among repeated crimes;