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

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[2017 Highest 197]

1. On April 7, 2016, the Defendant purchased at “D” offices located in Seongdong-gu Seoul Metropolitan Government, EWz ML350, and received 64,50,000 won as the purchase price for vehicles from the victim non-Mable social service Korea Co., Ltd. in the form of equal installment payment of principal and interest each month on a condition that 1,397,566 won as the purchase price for vehicles be repaid for 60 months, and the Defendant created a collateral security of 51,60,000 won as the bond value for the said vehicles to the victim.

However, in fact, the Defendant had a personal obligation equivalent to KRW 60,000 at the time, and there was no intention or ability to pay the installment, even if the Defendant received a loan from the injured party because of the fact that the card price and the personal bond were so-called “to prevent a refund.”

Nevertheless, the Defendant, by deceiving the victim company, had the victim company pay 64,500,000 won to the middle and high-tier trader, and did not pay the above loan installment after receiving the above vehicle, thereby acquiring property benefits equivalent to the above amount.

[2017 Highest 369]

2. On April 12, 2016, the Defendant applied for a loan of KRW 4 million on the condition that he/she pays interest rate of KRW 27.9% per annum after accessing the Defendant’s home located in F apartment 404, 606, a computer to the Defendant’s Internet site of the victim Cop, Ltd. using the computer.

However, in fact, the Defendant had a personal obligation equivalent to KRW 60 million at the time, and had no intention or ability to repay the credit card price and personal bonds even if the Defendant received a loan from the injured party because of the so-called “the prohibition of return.”

Nevertheless, the Defendant, by deceiving the victim, received KRW 4 million from the victim in the name of the defendant's agricultural bank account (Account Number: G) in the name of the same day.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

[2017 Highest 672]

3. The defendant.