A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. At around 11:00 on May 24, 201, the Defendant made a false loan to a staff member of the Victim Hyundai Capital Capital Co., Ltd. (State) Office in Seocho-gu Seoul Metropolitan Government, to purchase a vehicle, and made a false loan to repay the loan monthly on the face of the week.

However, in fact, the defendant purchased a vehicle and later commercialized it by selling it again, and did not have an intention or ability to repay it even if he received an installment loan from the victim company due to the lack of certain property or income.

The defendant obtained a loan of KRW 36 million from the employees of the victim company for the same day as the purchase price for the car on the same day and acquired it by fraud.

2. On July 13, 2011, the Defendant made a false statement that the Defendant would make a credit loan every month by phone calls to employees in the victim Hyundai Capital Capital Co., Ltd. in the mutual influent car industry located in Gwangju-si, Gwangju-si, to repay credit loans on a monthly basis.

However, in addition to the above loans, the defendant did not have the intention or ability to repay even if he/she received a loan from the victim company with a personal obligation of approximately KRW 50 million.

The Defendant received 15 million won from the employees of the victim company for credit loans on the same day, and acquired property profits equivalent to the same amount.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application form for loans and details of application for loans;

1. Application of Acts and subordinate statutes on the claim list;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;