A defendant shall be punished by imprisonment for four years.

An applicant for compensation shall be dismissed.

Punishment of the crime

[2014Gohap263]

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is the actual operator of the F Co., Ltd. (hereinafter “F”) with the first floor E underground in Ansan-gu, Ansan-si, and the victim D was the representative director in the name of F.

On September 2013, the Defendant made a false statement to the victim D, “I cannot leave the representative director because I have good credit to establish a new siren. I would like to pay KRW 200 million in cash in return for the personal credit guarantee to the company with good credit standing as to the installment loan of the vehicle purchased from the company by taking office at the representative director, and pay KRW 1.5 million in the next month. I would like to pay the installments of the vehicle purchased by the company by operating the company.” In addition, I would like to make sure that the installments of the vehicle purchased by the operation of the company will not be damaged by the repayment of the installments.”

However, in fact, the Defendant had no particular property at the time, while the Defendant was liable to pay 200 million won or more, and even if the Defendant established F, such as demanding the repayment of the installment of the vehicle owned by G and demanding the return of the vehicle from the lending company, etc., the Defendant did not have any economic ability to operate it properly. Therefore, even if the Defendant used personal credit guarantee for the installment of the vehicle purchased by the victim D in the name of F, the Defendant did not have any intent or ability to pay the installment at time or the 200 million won and the 1.5 million won and the 1.5 million won of the monthly promise to pay the victim D.

Nevertheless, the Defendant deceiving the victim D and caused the victim D to obtain pecuniary benefits equivalent to that amount by allowing F to enter into a personal credit guarantee contract for KRW 733,204,50,000, total sum of 23 installments of vehicles purchased in the name of F, as shown in the annexed Crime List 1, from October 2013 to January 23, 2014.

2. Obstruction.