A defendant shall be punished by imprisonment for not less than one year and six months.

An application filed by an applicant for compensation shall be dismissed.

Punishment of the crime

[2014 Highest 7896]

1. Around August 2012, the Defendant appears to be an insurance solicitor who considers the victim D as an individual entrepreneur at the location of the case office, loan financing office, etc. located in Samsung-dong, Gangnam-gu, Seoul, as well as the Defendant: (a) the loan of the lending company is close to the loan of the lending company; and (b) the joint and several surety is required. The Defendant said that the principal interest will be paid at once on the loan of the domestic company, and that the principal will not be damaged to thener by finishing the loan of the domestic company within three months; and (c) the principal will not be repaid.

However, the defendant, at the time when he was an insurance solicitor, must pay more than KRW 30 million to an insurance company due to the cancellation of the customer, and even if he was paid a loan, he was expected to use it for living expenses, insurance business activities, interest payment on the existing obligation, etc., and even if he was to do so, he did not have any intent or ability to pay the victim the principal and interest of the loan within 3 months as the promise to pay the principal and interest of the loan, and thus, he did not have any intention or ability to avoid liability for the repayment of the joint and several obligation to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, caused the victim to stand a joint and several surety for the loan obligation, thereby obtaining a loan amounting to KRW 17 million from the lending company on August 1, 2012 and KRW 17 million on August 2, 2012 from the victim, and obtained a loan amounting to KRW 17 million from the lending company on August 2, 2012.

2. On September 4, 2013, the Defendant: (a) purchased the said vehicle in the name of Hyundai Capital Co., Ltd. after purchasing the said vehicle in the name of KRW 28,000,000 from the Yongsan-gu E Complex F, Seocheon-gu, Busan; (b) the Defendant would pay taxes of KRW 5 million to the victim C; and (c) transfer the said vehicle in the name of the said vehicle in the name of the said company under the name of Hyundai Capital Co., Ltd.; and (d) transfer the said vehicle in the name of the said company under the name of the said company to the effect that: (a) one million won would be paid to the Dok Capital Co