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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
1. On July 1, 2015, the Defendant applied for a loan of KRW 39,100,000,000 for the said car purchase fund to the Hyundai Capital Co., Ltd., a company affiliated with the said agency, through its employees, under the condition that “the agreed interest rate is 5.90%, the loan period is 60 months, and the monthly payment is 754,095 won.”
However, at the time of fact, the defendant was planning to dispose of the vehicle with the loan from the victim company immediately after the purchase of the vehicle, and there was no special property or income, and even if he received the loan from the victim company, he did not have the intention or ability to repay it.
Around July 3, 2015, the Defendant, by deceiving the victim company, had the victim company pay KRW 39,100,000 to the above agency for the purchase of the said vehicle. The Defendant acquired the same amount of financial benefits.
2. Around December 27, 2015, the Defendant: (a) sought Franchising car from the U.S. Corporation located in Seojin-gu Seoul Special Metropolitan City, Seojin-gu, Seoul Special Metropolitan City, on the condition that “17.90% of the agreed interest rate; (b) 36 months of the loan period; and (c) KRW 469,329 of the monthly payment,” through employees in charge, applied for a loan of KRW 13,000,000, under the condition that “the agreed interest rate is 17.90%; and (d) 369,329 won.”
However, at the time of fact, the defendant was planning to dispose of the vehicle with the loan from the victim company immediately after the purchase of the vehicle, and there was no special property or income, and even if he received the loan from the victim company, he did not have the intention or ability to repay it.
Around December 28, 2015, the Defendant, by deceiving the victim company, had the victim company pay 13,000,000 won of the purchase fund for the said car to the U.S. lawsuit against the limited liability company.
Summary of Evidence
1. Defendant's legal statement;
1. G. G.