A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 4, 2015, the Defendant was sentenced to imprisonment with prison labor for six months and two years of suspension of execution on November 12, 2015 and the above judgment became final and conclusive on November 2, 2015.

Criminal facts

On November 22, 2013, the Defendant applied for a loan of KRW 721,309,000 per month for a period of 60 months until November 25, 2018, when the Defendant purchased DV cruise cruise car at an agency of the victim Hyundai Capital Co., Ltd., Ltd. located in the Busan Sin-gu, Busan, for a loan of KRW 37.4 million.

However, on November 12, 2013, the Defendant borrowed 15 million won from others to make advance payments (E) to purchase and sell a 49.9 million won car at the market price (the remainder of the KRW 34.9 million out of the above KRW 49.9 million and set up a right to collateral security on the said west car. However, on February 2, 2015, the Defendant received a loan from a person who is under his/her name and delivered the said Switzerland for the purpose of collateral and received the loan of KRW 15 million for the purpose of collateral, and without any special revenue, the judgment like the record of the crime becomes final and conclusive as the act of delivery of the said Switzerland car for the purpose of collateral). As such, the Defendant purchased the said Berne car and sold it to another person, received cash, and did not have the intent or ability to pay for his/her debts and loans. Therefore, the Defendant did not have any capacity to pay it properly.

Nevertheless, the defendant deceivings the damaged company as above and obtained a loan of KRW 37.4 million from the victim company and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation;

1. A complaint;

1. Application form for a new loan of modern capital, examination information, vehicle registration ledger, loan repayment details, suspect loan details, Busan Bank Account Statement, and credit information reply details;

1. Previous convictions in judgment: A reply to inquiries, such as criminal history, copy of the judgment, and application of detailed inquiries about the case;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 of the Criminal Code for the Treatment of Concurrent Crimes: