(영문) 울산지방법원 2020.05.22 2019고단2906

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(영문) 울산지방법원 2020.05.22 2019고단2906

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

Reasons

Punishment of the crime

The defendant and the victim B worked together in the Dispute Resolution Co., Ltd., and the defendant is the manager's position, and the victim was an employee under the management of the defendant.

1. The Defendant, in November 2015, made a false statement to the Defendant that “The Defendant, while taking advantage of the joint and several guarantee for a loan, wanted to obtain a loan from a lending company with a high level of money,” the Defendant would settle the Defendant’s joint and several guarantee with a full repayment of the loan within one year from each page.”

However, around that time, the Defendant had already contributed to the debt amounting to KRW 200 million for each financial company loan that was extended to provide sports sports entertainment and entertainment expenses. Since the Defendant was thought to repay the transferred loan to a joint and several surety of the victim, or to use some of the loan in sports sports entertainment, he/she did not have the intent or ability to repay the loan within one year even if he/she received the loan with a joint and several surety of the victim.

Nevertheless, on November 23, 2015, the Defendant applied for a loan of KRW 5 million to a private financial business entity located in five (5) places of E, F, Ltd., G, H, and I total amount, respectively, and made the victim joint and several sureties, thereby having the victim bear the joint and several sureties obligation of KRW 25 million in total for the said private financial business entity, and received a loan equivalent to the same amount from the said private financial business entity.

2. Borrowing fraud;

A. On February 11, 2019, the Defendant made a false statement that “The Defendant shall pay interest on a loan of a credit service company to the victim, and if the Defendant borrowed KRW 900,000,00,00,000 to the monthly payment of the following month, he/she shall pay the loan immediately, and if he/she borrowed the amount of KRW 9,00,00,00,

However, the defendant has been urged to repay a large amount of loans, and there is no benefit to be paid so that he borrowed money from the victim.

유사 판례

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