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A defendant shall be punished by imprisonment with prison labor for up to six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 24, 2013, at around 16:00, the Defendant purchased C QM5 vehicles at the place of business near Bupyeong-dong, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, in order to repay the amount to 6.9% of the agreed rate of 27,800,000 if the Defendant borrowed 27,800,000 won from the vehicle sale price, to D employees of the victim Non-Wek Capital Capital Co., Ltd.
However, at the same time, the Defendant did not have the intent or ability to repay the loan even if he borrowed money from the victim because the Defendant did not have any property other than a large number of debts by borrowing 6 million won from the Hyundai Capital; taking into account the loan from Hyundai Mutual Savings Bank; taking into account the fact that he did not have any property.
Nevertheless, the defendant deceivings the victim as above and acquired 27,800,000 won as the borrowed money from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to an application for debate on automobile financing;
1. Article 347 (1) of the Criminal Act applicable to the crime;
1. Reasons for the sentencing of Article 62 (1) of the Criminal Act [Determination of Punishment] : General Fraud 1 (less than KRW 100 million) - In the case of reduction of punishment or recovery from damage to a considerable part of mitigation elements / [Determination of recommendation area] 1 month or one year [Scope of Punishment in the area of recommendation] / [Scope of Punishment in the area of punishment] 1 month or one year [Scope of Punishment in the area of punishment: Article 347 of the Criminal Act : 1 month or 10 years : 1 month or 10 years [whether suspended sentence is suspended] - In the case of recovery from considerable positive damage, the person who was not subject to the punishment - there was no criminal conviction or more than the positive damage: 2