A defendant shall be punished by imprisonment for not less than eight 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

[2015 Highest 1589]

1. On April 2014, the Defendant: (a) purchased a vehicle from the Victim Capital Co., Ltd., Ltd.; (b) purchased the vehicle from the Victim Capital Co., Ltd.; and (c) promised to dispose of the vehicle immediately after the Defendant received a loan from the Victim Capital Co., Ltd., Ltd., and then divided the money.

On April 4, 2014, the Defendant: (a) purchased a vehicle with D 1.5 tons of 11.5 tons in the name of Sung-ju, Inc., Ltd., Sung-ju, Co., Ltd., Ltd. from the above Broker and its operating staff from the above Broker’s crossde in Daegu-si around April 4, 2014; (b) submitted documents, such as an agreement for debate (loan) and a certificate of seal impression in the name of the Defendant to the victim company; and (c) received loans from the victim company for the purpose of purchasing the vehicle at around that time.

However, the Defendant had no fixed income or property for more than one year at the time, and there was no intent to operate the said vehicle that was purchased with the above loan, and also was planned to dispose of the said vehicle immediately and to divide the said vehicle into the said Brazil, and thus, there was no intention or ability to fully repay the loan even if the Defendant borrowed KRW 70 million at the time of the purchase of the vehicle.

Accordingly, the defendant was given property by deceiving the victim company in collusion with C, etc.

[2015 Highest 2060]

2. On August 2014, the Defendant: (a) purchased a vehicle from the Plaintiff’s NAF Capital Co., Ltd., Ltd., the Defendant: (b) purchased the vehicle from the Plaintiff’s NAF Capital Co., Ltd., Ltd.; and (c) sold the vehicle immediately by selling the vehicle.

On August 6, 2014, the Defendant was the victim company E in Daegu-gu.