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Defendant shall be punished by a fine of KRW 1,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
Around September 10, 2013, the Defendant stated that “Around September 10, 2013, the Defendant would lend KRW 14.4 million to e.g., an automobile purchase fund loan to e., an employee of the victim Hyundai Capital Capital Capital Co., Ltd.,” and “Around October 5, 2013 to pay KRW 541,728 on the fifth day of each month from October 5, 2013 to September 5, 2016.”
However, in fact, the Defendant did not have any property or income but did not have any intention or ability to repay even if he borrowed money from the victim under the name of the purchase price for the vehicle because he thought of the so-called "motor vehicle-to-be" that he sold the relevant motor vehicle immediately after purchasing the vehicle and received the sale price.
The Defendant, by deceiving the victim as above, received KRW 14.4 million from the victim as the purchase price of the vehicle immediately, and acquired it by fraud.
Summary of Evidence
1. Court statement of the defendant (the second trial date);
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to the complaint (including an application form of a second and second part of attachment, terms and conditions, and register of automobiles);
1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;