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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2] On October 22, 2014, the Defendant stated that “The Defendant would make a loan of KRW 34 million to purchase a car and pay KRW 671,637 each month to the employees of the Victim Matts Capital Co., Ltd.” located in Gwangju Dong-gu, Gwangju, for each share of KRW 60 months.”
However, in fact, the defendant provided the purchased automobiles as collateral and borrowed money to secure personal debt repayment and living expenses, and there was no special revenue at the time, so there was no intention or ability to repay it even if he received a loan from the injured party.
The Defendant was given 34 million won as a loan from the injured party on the same day.
Accordingly, the defendant was given property by deceiving the victim.
[2015 Highest 4198] On October 23, 2014, the Defendant loaned KRW 14 million to the employee of Hyundai Capital Co., Ltd., Ltd., Ltd., for a period of 36 months, to pay KRW 519,579 each month for the 36-month period.
However, in fact, the defendant provided the purchased automobiles as collateral and borrowed money to secure personal debt repayment and living expenses, and there was no special revenue at the time, so there was no intention or ability to repay it even if he received a loan from the injured party.
On October 23, 2014, the Defendant had the victim pay KRW 14 million for the purchase cost of a vehicle around October 23, 2014.
Accordingly, the defendant acquired property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the prosecution against the F;
1. Statement of the police statement related to G;
1. An abstract of H;
1. Application of the Acts and subordinate statutes to each complaint, copy of written application for vehicle installment, and loan application;
1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Selection of Punishment;
1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;