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A defendant shall be punished by imprisonment for 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
[2013 Highest 1235-1] On April 20, 2012, the Defendant and B filed a false application for a loan at the victim mountain and the office of the former branch of the Seoul Special Metropolitan City, Nowon-si, 122-6 Gu Office of Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”), while making a loan of 3 million won in the name of the Defendant from April 20, 2012 to October 20, 2014 at the interest rate of 33.945% per annum for 30,000 won per month from October 20, 2014.
However, at the time, the defendant and B did not have any intention or ability to repay the loan even after they applied for the loan under the name of the defendant.
In collusion with B, the Defendant was given three million won as a loan to the victim by deceiving the victim as such and deceiving him.
[2013 Highest 1448-1] The Defendant: (a) was a person who operates Doldong-gun Co., Ltd., a plastic ex-factory; and (b) requested B, a bondholder, to provide operating funds at the end of June 2012, but it was impossible to provide a normal loan because the Defendant’s credit status was not good at the time; (c) subsequently, the Defendant and B conspired to borrow money from the victim E, who is the will of B.
On July 10, 2012, the Defendant issued documents necessary for the loan to B, and B made a false statement to the effect that “A shall be repaid once a month if the victim was lent 23.5 million won to the victim,” and that there is money to be paid from A separately, and if the money is loaned 12.5 million won to B, the said money will also be repaid 1.5 million won after a month.”
However, in fact, the Defendant had a debt equivalent to KRW 80 million at the time, and was under pressure to pay every month without any particular property, such as the lease amount and the amount of debt exceeding seven million won, and the labor cost of the employees of the above company from March 2012 to June 2012.