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Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant and C are friendly.
The defendant and C attempted to acquire profits by selling a vehicle to the victim D who has been aware of the defendant and used to sell the vehicle to the victim D who has been engaged in the middle and high-class trading business as the owner of the facility is C, not a vehicle of C.
On June 3, 2013, the Defendant made a false statement that “the Defendant would sell a vehicle with a vehicle of Hyundai Capital in March 2011, the part of which would remain at least 4 million won. The Defendant is a friendly vehicle, which would sell if the price would meet.”
However, in fact, the above vehicle was not a vehicle C with a leased vehicle from Hyundai Capital Co., Ltd., and the vehicle installment was not a 4 million won but a vehicle with a 30,480,859 won added to the recovered principal.
The Defendant and C deceiving the victim as above, and then, 4 million won, out of the 9 million won vehicle down payment from the victim, was remitted to the Defendant’s passbook, and the remaining 5 million won was remitted to C’s passbook.
Summary of Evidence
1. Legal statement of witness D;
1. Application of Acts and subordinate statutes to the statement of D prepared by the police;
1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;