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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[criminal history] On December 23, 2016, the Defendant was sentenced to one year of imprisonment with prison labor by larceny, etc. at the Changwon District Court on March 7, 2017, which became final and conclusive on March 7, 2017. On June 14, 2017, the Defendant was sentenced to four years of imprisonment with prison labor by the Changwon District Court for the same crime, etc., and the said judgment became final and conclusive on December 22, 2017.
[2017 Highest 1899] On February 2, 2016, the Defendant purchased one bus from the Plaintiff E (SBI Savings Bank) which is the representative of the KBI Savings Bank and delivered to B with a loan of 100 million won.
For the reason that there is a transport of 10 large volume of the transit bus to the Busan Fri-gu Industrial Complex, the bus will be paid by paying the installment of the vehicle.
“.....”
However, even if the defendant received the bus purchase cost from the injured party, he thought that he will use it for the repayment of his debt, and he did not have any intention or ability to enter D by purchasing the bus.
Nevertheless, the Defendant was transferred KRW 9,965,00 to the Saemaul Treasury account (F) in the name of the Defendant for the purchase of vehicles around February 4, 2016 from the victims of the false statement as above.
[2018 Highest 310] The Defendant, along with G, was suffering from business difficulties due to the Defendant’s failure to pay the installments of the borrower in the land that he operated by the Haman on 2015, with G, purchased a new bus by borrowing the loan under H’s name, promptly dispose of the vehicle, and prepare cash, and was willing to establish a new corporation with the fund.
1. On October 30, 2015, the Defendant and G, together with the Defendant and G, of the Victim Co., Ltd., committed the crime of Non-Korean Capital Capital, the victim Co., Ltd.: (a) obtained a bus purchase fund from Non-Korean Capital; (b) drafted an application for a loan with the content of “160 million won of the loan; (c) 60 months of the loan period; (d) the borrower H and the guarantor G.”
However, in fact, the defendant and G receive loans from the injured party.