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Defendant shall be punished by imprisonment for a term of one year and six months.
However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
1. Around December 20, 2007, the fraud Defendant stated that “A victim C Co., Ltd. in Gangnam-gu Seoul Metropolitan Government will pay the principal and interest in installments for 36 months by adding 26% per annum and 33.5 million won to D, which is the purchase price, to the purchase of a used motor vehicle for a small and medium-sized vehicle of the victim C Co., Ltd. in Gangnam-gu, Seoul.”
However, as seen above, the Defendant thought that the vehicle will be transferred to another person even if the vehicle was purchased with the loan from the victim company, and did not have a plan to repay the above loan, and there was no particular property or income at the time. Therefore, even if the loan was given from the victim company, there was no intention or ability to repay the loan properly.
Nevertheless, the Defendant, by deceiving D as such, received KRW 33.5 million from the victim company for the purpose of loans for the purchase of used cars.
2. Violation of the Control of Illegal Check Control Act; and
A. On July 15, 2007, E Co., Ltd. issued a check contract with G Bank Compeach branch located in Kuri-si, E Co., Ltd. However, on January 15, 2008, the Defendant, who was appointed as the representative director of E Co., Ltd. on January 17, 2008, issued a check number “H”, face value “48,500,000,000 won,” and the date of issuance “3.17, 2008,” as indicated in the attached list of crimes (1), issued 15 copies of the check number as indicated in the attached Table, while each of the above holders presented a payment proposal to the above bank within the period of time for payment, but did not receive a shortage of deposit or a suspension of transaction.
B. A check contract was concluded with G Bank New Branch in Seodaemun-gu Seoul, Seodaemun-gu, Seoul around November 2007. The Defendant was appointed as the first representative director on January 17, 2008 and around January 24, 2008.