A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant purchased a vehicle in the name of the victim, and received a loan from the victim as security or received a direct loan from the victim, with the fact that he/she became aware of in the course of working together at C and Incheon Quarantine Station.

1. Around August 10, 2013, the Defendant, in a warehouse D located in Jung-gu Incheon Metropolitan City, concluded that “B is difficult to purchase vehicles due to low credit rating.” The Defendant borrowed the name of the vehicle in the name of the manager who is to pay without delay of vehicle installment and taxes with a quarantine fee entering every month.”

However, the defendant did not have the intention or ability to pay the installment of the vehicle at the time because the business is difficult due to the low credit rating at the time.

Therefore, on August 26, 2013, the Defendant purchased from the victim the vehicle from the “G” located in Seocho-gu Seoul Metropolitan Government F, from the “G,” the vehicle purchase loan amounting to KRW 35 million in the name of the victim, KRW 16.9% per annum, the loan period of KRW 36 months, and KRW 1250,000 per annum. From that time to January 26, 2014, the Defendant acquired property benefits equivalent to the same amount by failing to pay the remainder of KRW 38.75 million.

2. On September 1, 2013, the Defendant: (a) received a loan from a lending company on and around September 1, 2013; (b) concluded that the victim was a guarantor; and (c) on October 7, 2013, the Defendant falsely stated that “A credit service company will receive a refund loan with excessive interest rate; and (d) apply for a refund loan with a loan from a loan company with a loan from a loan company, and thus, he/she would have repaid the loan from a lender.”

However, the Defendant was unable to obtain a repayment loan, and there was no other property, so there was no intention or ability to repay the loan to the victim.

Therefore, the Defendant, on October 8, 2013, received a total of KRW 39 million from the victim to the Agricultural Cooperative (I) and the Suhyup (J) account under the name of the Defendant and acquired it by money.

3. The defendant.