beta
Text
A defendant shall be punished by imprisonment with prison labor for four 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
When the defendant purchases a vehicle in the name of a woman to B in a de facto marital relationship, and the purchase price of the vehicle is paid with the installment financing loan, he said that B will pay the installment to B in lieu of the defendant.
On February 27, 2013, B believed the Defendant’s horse as it is, however, promised to pay KRW 463,106 each month to the employees of the social service Korea Co., Ltd. in the Gwangju Mine-gu, when applying for a loan of KRW 24,60,000,000 for the purchase of D QM5 vehicles.
However, the defendant did not have the intention or ability to pay the above installments to the victim on behalf of the defendant B.
The Defendant had B, as if he did not know of the above facts, deceiving the victim as if he were to pay the above installment of the loan, and had the victim pay the amount of KRW 24.6 million at that time, as the purchase price of the vehicle to the Lanho Motor Vehicle Co., Ltd., thereby acquiring property profits equivalent to the above amount.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. Application of Acts and subordinate statutes to copies of installment financing and loan agreements;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending sentence] general fraud (less than KRW 100 million) is that the defendant has three times the mitigated area (less than KRW 100 million) and has three times the same criminal records, taking into account the method of the crime in this case, the amount of fraud, etc., the decision to choose imprisonment and determine the term of punishment; the execution of punishment shall be suspended in consideration of the fact that the defendant has reached an agreement with the victim; and all such factors
It is so decided as per Disposition for the above reasons.