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

Punishment of the crime

Defendant 154 of the 2015 Highest 1154 is a person who operates “D” in Pyeongtaek-si C.

On December 1, 2014, the Defendant drafted a “Agreement on Motor Vehicle Debate” with the content that: (a) in purchasing 104,800,000 won from the victim’s Round Co., Ltd., the Defendant borrowed KRW 104,80,000 from the victim’s Round to December 5, 2019, the Defendant would pay KRW 2,150,132 each month at the interest rate of 8.5% per annum between January 5, 2015 and December 5, 2019, according to the method of equal repayment of principal and interest.

However, at the time of this case, the above "D" was suffering from considerable financial difficulties, and the defendant did not have the intent or ability to pay the above money normally even if he received the above money from the victim company, since he did not timely receive the payment from the officers and employees of the above company.

The defendant deceivings the victim company as above and was delivered KRW 104,80,000 to the victim company as a loan on the same day.

around October 14, 2014, the Defendant: (a) purchased a H-learning passenger car from a car G agency located in Yangcheon-gu Seoul Metropolitan Government F in the name of the Defendant; (b) purchased 8,00,000 won out of the vehicle price from the victim Hyundai Capital Co., Ltd. to cover the purchase price; and (c) received a loan from the victim Hyundai Capital Co., Ltd. to pay 243,014 won each month for 36 months from October 14, 2014 to October 20, 2017; and (d) on October 22, 2014, the Defendant created a mortgage on the said passenger car purchased by the Defendant as a collateral to be kept for the purpose of securing the said passenger car by the time the loan is refunded.

Nevertheless, when the Defendant paid only the amount equivalent to KRW 495,49,000 on two occasions of loans, the name of the Defendant was omitted from May 2, 2015 to August 201.