A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 21, 2012, the Defendant made a false statement that “The Defendant would pay KRW 702,262,000 per month principal and interest every 42 months during the 42-month period to the Cheongju Savings Bank for the payment guarantee,” to the employees in the Cheongju Bond Center in the 19th floor of the 239 Large Building in Seo-gu, Seo-gu.”

However, the defendant did not have the intention or ability to repay the loan with the intention to provide the vehicle as security and borrow money to the bond company after purchasing the vehicle with no certain income at the time.

The Defendant deceptioned the damaged company as above, and caused the victimized company to guarantee the payment of KRW 17,00,000,000 from the victimized company, but did not repay the loan and made the victimized company pay by subrogation, thereby obtaining pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A list of transactions;

1. Automobile register;

1. Application of Acts and subordinate statutes on guarantee for payment, guarantee for payment, loan application, and loan agreement;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Although the reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. are not somewhat minor, the punishment as ordered is determined by taking into account the following circumstances: the Defendant’s late and reflects the Defendant’s misunderstanding; the Defendant has no record of criminal punishment before and after the Defendant committed the instant crime; and the motive, background, means and method of the instant crime; the circumstances before and after the instant crime; and the Defendant’s age, character and conduct, career experience, environment, etc. as shown in the instant argument.