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

Punishment of the crime

Around December 28, 2011, the Defendant purchased one of the mid-to-date C of Daegu Seo-gu, 201, and concluded that “The Defendant would pay the principal and interest of KRW 1,850,679 in installments for 60 months at an annual interest rate of 19.9% from February 1, 2012 to January 1, 2017, to an employee who is not aware of the name of the victim BS Capital Co., Ltd.” was false.

However, in fact, the defendant did not have any property, and purchased the above and the name of the defendant was thought to be transferred to the person whose name is unknown after receiving the loan from the victim company, so even if he borrowed money from the victim company, he did not have the ability or intent to pay the installment.

The Defendant, as above, by deceiving the victim, received KRW 70,000,000 from the victim to the bank account (E).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement of the police statement concerning F;

1. Application for installment financing and erroneous debate, construction machinery register, and credit detailed report;

1. Application of Acts and subordinate statutes to each investigation report (in cases of telephone conversations between the G company and the H company, investigation into the H company);

1. The Defendant asserts that the pertinent provision of the relevant criminal facts and the Defendant’s argument on the Defendant’s assertion of punishment under Article 347(1) of the Criminal Act concerning the option of punishment were sought to purchase sofacing machines and perform the construction while carrying out the construction, but the Defendant failed to repay I due to fraud and did not receive loans from the beginning.

In light of the following circumstances established by the evidence as seen earlier, the Defendant, at the time of obtaining a loan of KRW 70 million from the victim company on December 28, 201 (hereinafter “instant loan”), bears considerable obligations, such as obtaining a loan of KRW 42 million from the Hyundai Capital on July 27, 201, KRW 5 million from the Daegu Bank on August 25, 201, and KRW 57 million from the NH Capital on December 14, 201.