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A defendant shall be punished by imprisonment for a term of one year and two months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
1. Fraud;
A. On February 25, 2010, the Defendant made a false statement that “The Defendant would lend 67,100,000 won to an employee of the victim Aju Capital Co., Ltd. at the location of Seo-dong, Gangnam-gu, Seoul, to pay the principal and interest over a period of 36 months on the face of a week by lending 67,100,000 won for the purchase price of Maman W.”
However, the defendant did not have the intention or ability to repay even if he received a loan of KRW 67.1 million from the victim company.
Nevertheless, the Defendant, as above, obtained a loan of KRW 67,100,000 from the victim company for the purchase price of vehicles on the same day.
B. On March 11, 2010, the Defendant made a false statement to the employees of the victim Aju Capital Co., Ltd. who were in the Daegu Jung-gu, and at the close store of the automobile, the Defendant borrowed KRW 30 million to pay the principal and interest over a period of 36 months on the face of the week.
However, the defendant did not have the intention or ability to repay even if he borrowed 30 million won from the victim company.
Nevertheless, the Defendant made a false statement as above and obtained a loan of KRW 30 million from the victim company on the same day.
C. On March 16, 2010, the Defendant made a false statement that “The Defendant would pay the principal and interest over 36 months a week by lending KRW 54 million to an employee of the Victim Hyundai Capital Capital Co., Ltd. at the office of Taeandong-dong, Yongsan-gu, Seoul.”
However, the defendant did not have the intention or ability to repay even if he borrowed 54 million won from the victim company.
Nevertheless, the Defendant made a false statement as above and obtained a loan of KRW 54 million from the victim company on the same day.
2. The Defendant is embezzled.