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

[2015Kadan879] On April 1, 2011, the Defendant made a false statement to the effect that, at the Hyundai Motor D Branch in Seongbuk-gu Seoul, the Defendant would repay KRW 27 million per month to an employee of the victim Hyundai Capital Capital Co., Ltd. in the form of equal installment repayment of principal and interest for 48 months.

However, the Defendant did not have the intent or ability to repay the principal and interest due to the absence of certain income at the time. In fact, the Defendant was able to obtain a loan because of the need for cash, not to purchase and operate a vehicle, and accordingly, the vehicle purchased from the loan was transferred to the credit service provider immediately after the receipt of the vehicle

The Defendant, as above, was accused by the victim and received KRW 27 million from the victim as the borrowed money.

[2015 Highest905] On February 10, 2011, the Defendant applied for a loan to the victim company by making a false statement to the effect that the Defendant would repay KRW 10,000,000 to employees in the form of equal installment repayment of the principal and interest for 36 months, when he/she loans KRW 13,10,000 to employees in the form of equal installment payment of the principal and interest for the 36-month period.

However, the defendant is on a daily basis at the time, and there was no intention or ability to repay the principal and interest because there was no certain income, and in fact, it was thought that the defendant would transfer the vehicle purchased from the loan to the credit service provider that was purchased from the loan due to the need of cash, not the loan due to the need of the vehicle.

The Defendant, as above, was deceiving the victim as above and received KRW 10 million from the victim as a loan.

Summary of Evidence

[2015 Highest 879]

1. Defendant's legal statement;

1. The defendant;