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A defendant shall be punished by imprisonment with prison labor for up to six 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. On April 3, 2012, the Defendant against Hyundai Capital Co., Ltd.: (a) purchased the victim’s Hyundai Motor Co., Ltd. D sales agency located in Gyeyang-gu, Gyeyang-gu; and (b) purchased the victim’s Hyundai Capital Co., Ltd. and was unable to know the name of the victim’s Hyundai Capital Co., Ltd., Ltd., the Defendant borrowed KRW 19,000,000 per month from May 15, 2012 to April 15, 2017; and (c) borrowed KRW 19,000,000 from the victim’s company as a vehicle purchase fund.
However, in fact, the Defendant did not need a passenger car, and was in excess of the obligation due to financial rights, such as Solomon Mutual Savings Bank, and the total amount of loans for loan and personal debt, etc. with no particular property being known, and thus, the Defendant purchased a passenger car with an installment loan under the name of the Defendant and intended to sell the car and make a loan for money. Even if the Defendant borrowed the above vehicle purchase fund from the victim company, the Defendant did not have an intention or ability to repay the loan.
Around April 5, 2012, the Defendant had the victim company pay KRW 19,00,000 to Hyundai Motor Co., Ltd. for the purchase of vehicles, thereby obtaining property benefits equivalent to the same amount. On May 15, 2014, the Defendant transferred the said car to a person whose name is unknown at around 10,50,000 won for the vehicle price.
In this respect, the defendant, by deceiving the victim company, acquired pecuniary benefits equivalent to 19,000,000 won.
2. On April 18, 2012, the criminal defendant against the victim immediately reponsed loan company by phone to the person in charge of loans from the victim immediately reponsed loan company, and “it is not currently in the position of insolvency, and there is no personal obligation except financial rights and loan financial rights. Therefore, the defendant loans KRW 3,00,000 per month for 29 months.”