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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On June 10, 2013, the Defendant applied for a loan to the employees in charge of the loan of Hyundai Capital Co., Ltd. to the effect that “for the payment of the price, KRW 24.6 million will be repaid for 36 months each month from the vehicle price,” to the employees in charge of the loan of Hyundai Capital Co., Ltd. for the purpose of paying the price.”
However, in fact, the defendant received the above vehicle and applied for the purchase of the vehicle and the loan for the purpose of selling the vehicle at will.
Nevertheless, the Defendant, as if he applied for a loan in order to pay money by purchasing and operating a vehicle normally, deceiving the victim as above, and was immediately issued by the victim a loan of KRW 24.6 million in the name of the vehicle purchase fund, and acquired it by fraud.
Summary of Evidence
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes on investigation reporting;
1. Article 347 (1) of the Criminal Act applicable to the crime;
1. Determination of the Defendant’s and defense counsel’s assertion regarding the alternative imprisonment sentence
1. The head of the principal office does not intend to acquire and operate a motor vehicle in fact and obtain a loan for this purpose. Meanwhile, the Hyundai Capital Co., Ltd. has conducted a self-examination to grant a loan, and there is no causal relationship between the disposal act and the disposal act.
2. Determination:
A. The intent of defraudation, which is a subjective constituent element of the crime of fraud of law, is to be determined by comprehensively taking account of the objective circumstances such as the Defendant’s financial history, environment, details of the crime, and the process of transaction before and after the crime unless the Defendant confessions. The intent of the crime is sufficient, not a conclusive intention, but a willful negligence.
On the other hand, in order to establish fraud, there is a causal relationship between deception and mistake of the other party and the grant of property or the grant of property benefits, but there is no error.