A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant purchased Cenz E200 vehicles (the change of registration number to D around March 19, 2019) through B engaged in the heavy automobile sales business, and obtained a loan from the damaged E Co., Ltd. as security.

On February 26, 2019, the Defendant: (a) prepared a motor vehicle loan application stating that “The Defendant loans KRW 50,000,000 on condition that the injured company redeems KRW 16.9% per annum for the purchase of the above vehicles and KRW 1,239,941 per month by February 20, 2024; and (b) submitted the said application to the victimized company, H representative I, an affiliated store of the victimized company.”

However, at the time of concluding the above loan contract, the Defendant paid the amount of KRW 1,870,00,000 per month as interest for the loan, but it was not possible to timely pay the amount of KRW 8 million. However, from June 5, 2018, the Defendant performed land rearrangement work and made a profit by means of selling the land, but not only performed the said construction work with a loan from the financial institution without any special capital, but also did not have any intent or ability to repay the principal and interest of each month by the repayment deadline under the above condition even if the Defendant received a loan from the victimized company without the experience of the above project.

The Defendant, by deceiving the victim as above, received from the victim a remittance of KRW 50,000,00 from the K Bank account under the said I on the same day.

Accordingly, the defendant was given property by deceiving the victim.

On the other hand, the defendant asserts that it is not a crime of fraud because he has the intention and ability to repay.

The criminal intent of defraudation is not required to be a final one, but it is sufficient to do so.

Modernly adopted.