[2013Kadan3937] Around November 11, 2011, the Defendant borrowed KRW 35 million from H to use as a fund for the gas station business, etc. from H, which was introduced through G, which was known to the general public, with a view to using the amount of money for the gas station business, etc., and was unable to repay the amount of KRW 25 million out of that money, and accordingly, the Defendant was subject to a lawsuit demanding the return of the loan amount of KRW 25 million from H to April 25, 2012 (Seoul District Court 2012Da33494, Incheon District Court 201). Accordingly, the Defendant was willing to exempt H from its obligation to repay by asserting that the loan was obtained by fraud.

Accordingly, on May 16, 2012, the Defendant: (a) at the Seoul Geumcheon Police Station located in Gwanak-gu, Seoul Special Metropolitan City, Seoul Special Metropolitan City on May 16, 201; (b) “G used a false loan certificate issued by the Defendant on November 1, 201, with the Agricultural Cooperative Account Number (I) located in the Defendant’s name, and transferred KRW 35 million borrowed from H on November 11, 201 to the said Agricultural Cooperative; and (c) the Defendant prepared a false loan certificate of KRW 35 million in the name of the Defendant at the request of G, and the Defendant did not borrow KRW 35 million in the name of the Defendant. Nevertheless, the Defendant submitted a complaint to the effect that “The obligation of the Defendant to return the loan by using the false loan certificate drawn up by H under the above circumstances constitutes fraud in a lawsuit, which constitutes a punishment for fraud.”

However, on November 11, 201, the Defendant borrowed KRW 35 million from H on the pretext of gas station business funds, etc., and received deposit from the said agricultural bank account under the name of the Defendant, and the loan certificate was also delivered to H through G after the Defendant was prepared by the Defendant.

Accordingly, the defendant raised H without criminal punishment for the purpose of having criminal punishment imposed on him.

[2014 Highest 2680]

1. The Defendant violated the Petroleum and Petroleum Substitute Fuel Business Act shall be the police officer to prepare for him/her to control rental deposit and rental work, and the Korea Petroleum Quality Control Board.