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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The Defendant is a person who was the representative director of (ju) E established for the purpose of manufacturing metal products and metal structures from April 2010 to May 2014.
1. On August 22, 2013, at G’s office located in Dongdaemun-gu Seoul, Dongdaemun-gu, the Defendant prepared and submitted a loan application stating that “The Defendant will faithfully pay KRW 67,000,000 each month in 2,324,210 for 36 months,” to an employee under the name in the name of the victim’s new card (hereinafter “victim”) by purchasing I BMW740 passenger car from EMW C&C (State) through vehicle sales H, which is a vehicle dealer.”
However, in fact, the above (E) E had been operated by the Defendant since March 2013, it was difficult for the Defendant to continue to operate the total amount of wages in arrears at KRW 90,295,904 on or around August 2013 because it was difficult for the Defendant to pay wages to its employees, and even if the Defendant borrowed the above loans from the victimized Company, it did not have any intention or ability to pay the above loans.
Nevertheless, on August 26, 2013, the Defendant, by deceiving the above employees, received 67,000,000 won of the loans owned by the victimized company from the bank account in the above H’s name and acquired them by fraudulent means.
2. Around August 22, 2013, the Defendant agreed to pay the principal and interest of a loan to the victimized company for 36 months from August 22, 2013, when purchasing I BM740 automobiles from SPC (owner) and then receiving a loan of KRW 67,00,000 from the victimized company as above. From August 22, 2013, the Defendant set up a collateral security right of KRW 67,000,000 as the claim value of the victimized company as a collateral for the said car.
As above, while the Defendant was operating the said car with a mortgage on the said car under the name of the victimized Company, at the office located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul.