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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On June 12, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act at the Seoul Central District Court on one year and six months, and the suspended sentence was finalized on the 20th of the same month.
On January 3, 2013, the Defendant: (a) purchased a high-class car from the office of New Franchi, Inc., Ltd., a second-class buyer located in Gangnam-gu Seoul, Gangnam-gu, Seoul; and (b) falsely stated that “The Defendant would make a loan with a vehicle purchase fund and repay it to 25.4% of the loan interest rate per share during the 36-month period.”
However, since there was no certain income at the time, the defendant did not have the intention or ability to repay installments even if he received a used vehicle installment loan from the victim.
Ultimately, the Defendant, by deceiving the victim as above, entered into an installment contract for vehicle purchase funds with the victim, and had the victim pay 28.3 million won to the new Franchi Co., Ltd., thereby acquiring pecuniary benefits equivalent to the same amount.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. Statement to C by the police;
1. A loan application and an agreement;
1. An investigation report (Listening to statements, such as the purchase price in second and second vehicles);
1. Criminal records;
1. Application of court rulings and case search list statutes
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Reasons for sentencing under the latter part of Article 37 of the Criminal Act and Article 39 (1) of the same Act;
1. The crime of this case constitutes concurrent crimes under the latter part of Article 37 of the Criminal Act, and thus, the sentencing guidelines do not apply.
2. Taking into account the fact that a motor vehicle purchase contract was concluded with a specific reason for sentencing, and a used motor vehicle was commercialized by selling the relevant motor vehicle within 60,000 days after purchasing the relevant used motor vehicle, the fact that the damage was almost not recovered due to payment for two months among installments, and the scale of damage was not small.