A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 2012, the Defendant purchased Grandroth Co., Ltd. D’s agent located in Dongdaemun-gu Seoul Metropolitan Government, and applied for a loan on the condition of 12-month redemption against the employee in charge of the victim Hyundai Capital Co., Ltd. at the expiration of 12 months.

However, even if the defendant received a loan from the victim company, he did not have the intention or ability to repay the loan at maturity, and purchased the loan from the victim company with the loan that he received from the victim company, and immediately after selling it, he was able to lend the loan in cash.

Nevertheless, the defendant, as if he had the intent and ability to repay the loans, deceiving the staff in charge of the victim company, and he received 23.8 million won from the victim company as a vehicle loan around that time.

Summary of Evidence

1. Statement to E by the police;

1. Documents to be attached to the written complaint (the investigative records 16 through 26 pages);

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a civil petition judgment);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc., the defendant and his defense counsel asserted that the defendant had the intent and ability to repay the loans at the time when the defendant was given the above loans from the victim company (hereinafter “the above loans”). Thus, the defendant did not have the intent to commit fraud.

In light of the records, ① the Defendant deposited KRW 3,00,000 per month, which appears to be a single bank account under the name of the Defendant on March 23, 2012 immediately after the Defendant received the instant loan, and deposited KRW 1,328,347 in the victim company as interest, etc. from May 10 to October 9, 2012, but ② the Defendant deposited KRW 1,328,347 in the victim company as the interest, etc. at the time of receiving the instant loan.