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

Punishment of the crime

On November 21, 2014, the Defendant entered into an installment financing agreement with the victim BNK Capital Co., Ltd. office located in 163, as in Seo-gu, Seocheon-gu, Seocheon-gu, the Defendant: (a) in order to pay KRW 79 million for the dump truck (D) purchased in the name of his wife C; (b) between the victim company and the victim company, “If the victim company loans KRW 100 million to the above C, C establishes a maximum amount of KRW 100 million for the above dump truck and pays KRW 2,321,643 per month for 60 months; and (c) the Defendant agreed to the effect that the dump truck will be jointly and severally liable for the installment payment; and (d) to believe that the Defendant and C would have repaid the installment payment while operating the above dump truck, thereby having the victim company deposited the amount of KRW 99,965,500,000,000 to the seller of the account established by the Defendant.

However, the Defendant and C do not want to pay installment while operating the dump truck. At that time, the Defendant and C did not want to pay installment, but did not have the intent or ability to pay installment, even the Defendant, a joint guarantor, did not have the intent or ability to pay installment, on the condition that F, who was unable to obtain installment loans under his own name due to low credit rating, operated dump truck and paid installment. The Defendant et al. did not notify these circumstances to the employees of the victim company. Furthermore, C and F did not have the intent or ability to pay installment amounting to KRW 230,000 per month due to the lack of certain property or income.

The defendant and C jointly acquired the amount of KRW 99,965,00 from the victim company as a loan.

Summary of Evidence

1. Each legal statement of witness G, F, and H;

1. C and the Defendant’s prosecution.