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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Hyundai Card Co., Ltd., the victim of the 2013 Highest 1090 Act, was operating a “specified Limit Request System” to temporarily raise payment limit in order to support the purchase of vehicles at the request of credit card customers.
On May 7, 2012, the Defendant concluded to the effect that the Defendant would make a payment under the above “request for specific limit” at the office of Hyundai Card Co., Ltd., which is the victim of the building in Hando-dong, Yeongdeungpo-gu Seoul Metropolitan Government, 15-21 Hyundai Capital Capital, and would make a full payment.
However, in fact, even if the Defendant purchased Ecoos car, it was thought that he would immediately sell it through C, etc. and use it in installments, and thus, he did not have an intention to pay the card price, and there was no other ability to pay the card price, such as trying to make additional loans through C, etc. because he did not have an intention to pay the card price.
Nevertheless, the Defendant, by deceiving the victim as above, caused the victim to raise the credit card settlement limit, and on May 7, 2012, by settling 35,400,000 won with the purchase price of vehicles from the Danyang-dong 168-41, the Danyang-dong Government Green Franchiscing Agency of the modern Automobile, which was in the 168-41, 201.
2. Around March 27, 2012, the Defendant: (a) took out a loan of KRW 53 million from the victim Aju Capital Co., Ltd., Ltd. to purchase E E E-cubic car in the middle class trading complex located in Gwangjin-gu Seoul Special Metropolitan City, and set up a right to collateral security of KRW 37,100,000 as a collateral for the said car as a collateral against the said obligation on the same day.
However, on July 2013, the Defendant delivered the said car to F who was aware of the said car to F as a collateral for the Defendant’s obligation.
The Defendant is the victim company.