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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[2016 Highest 3578] On November 27, 2011, the Defendant made a false statement to the head of E division of construction machinery, “I will pay the loan by equal means for 48 months, in the form of loan fund for the purchase of high-class vehicles, by dividing it into 48 months,” as if the Defendant was the representative director of E division of D, the victim company’s E division, who was exhibited, to obtain a loan from the victim BS Capital Co., Ltd. in the infinite coffee shop near Daejeon Daejeon Daejeon Daejeon.
However, the defendant, who is engaged in the oral repair business, tried to use the used construction machinery for living costs by selling it, and there was no intention or ability to pay the construction machinery cut-off installments from the beginning.
As such, the Defendant, by deceiving the victim company, did not receive a total amount of KRW 95 million from the victim company on November 28, 201, and did not pay the installment, thereby acquiring property profits equivalent to that amount.
[2016 Highest 3952] On October 20, 2011, the Defendant made a false statement to the effect that “The Defendant would pay the principal and interest for 36 months at an interest rate of 29% per annum, if he/she loans funds to purchase a truck with a heavy height,” as if he/she is the representative director in the normal and non-facing side of the Plaintiff’s Capital Co., Ltd. in order to obtain a loan from the Plaintiff’s Capital Co., Ltd. in order to obtain a loan from the Plaintiff.”
However, the defendant is a person who conducts oral repair business and intends to use the above used truck for living expenses, and there is no intention or ability to pay the used truck installments from the beginning.
As such, the Defendant, by deceiving the victim company, borrowed KRW 35 million from the victim company as the fund for purchasing truck on the same day. On November 28, 201, the Defendant borrowed a total of KRW 120 million from the victim company as the fund for purchasing vehicles using the click click click click clocks.