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As to the crime of fraud in the judgment of the defendant, a fine of KRW 2,00,000 shall be imposed on the crime of interference with business in the judgment.
Reasons
Punishment of the crime
On May 3, 2018, the Defendant was sentenced to imprisonment with prison labor for six months due to a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch on May 3, 2018 and the said judgment became final and conclusive on May 11, 2018.
[2018 Highest 855] The Defendant, around August 26, 2016, borrowed KRW 25 million from the lending companies, including KRW 5 million, as joint and several sureties, with the victim B as a joint and several sureties.
On September 2016, the Defendant rendered a false statement to the effect that, “The account deposited in KRW 10 billion is currently seized, it is difficult to repay to the victim once it has been seized.” On the other hand, the Defendant would go up to the credit rating to the victim through E, who was working for the lending company without knowledge of the fact, “after receiving a loan under the name of the party, it would go up to the credit rating if he/she would pay the amount of the loan that he/she provided as a joint and several sureties. If so, he/she would obtain a new loan under the name of the party and receive a new loan.”
However, since the defendant thought that he will use the money borrowed under the name of the victim for living expenses or other debt repayment, etc., the defendant did not have the intention or ability to repay the borrowed money to the victim by using the above money for repayment of the loan jointly and severally guaranteed by the victim.
Nevertheless, on September 24, 2016, the Defendant: (a) by deceiving the victim; (b) obtained a loan from the F Savings Bank on or around September 24, 2016; (c) obtained a loan from G Savings Bank; (d) KRW 18.3 million from H Savings Bank; and (e) obtained a loan from H Savings Bank; and (e) KRW 13 million from H Savings Bank on or around September 25, 2016, obtained a transfer of KRW 50,300,000 in total to the I Bank Account in the name of the Defendant, and acquired it by
[2018 Highest 1465] The Defendant saw the time room for cafeteria employees on July 6, 2018, on the ground that the victim K operated by the Council of Sungsung-si from July 6, 2018 prevents the victims and employees of the above cafeteria from smoking.