Text
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
[2014 Highest 3041] The Defendant, on the ground that he was the representative of the Defendant’s friendship (State)C, was in office as an executive officer or employee of the said company, did not borrow money from the victim D and E.
On August 29, 2012, the defendant called the above D by phone to the above D, and it is necessary to hold the entertainment expenses in Japan.
A false statement stating that 5 million won shall be repaid within one month from the date of lending, and that she received from the injured party a remittance of KRW 5 million from a national bank passbook in the name of F managed by the defendant on the same day to a passbook in the name of F, and received a total of KRW 18 million from the above date until October 16, 2012, as shown in the list of crimes in the attached Table.
However, in fact, the defendant was registered as a person of bad credit standing since 2002, and there was no property under the name of the defendant, and there was no economic intent or ability to repay the amount of damage until the date of the promise because of no particular income.
Accordingly, the defendant deceivings victims, thereby obtaining a total of KRW 18 million.
[2015 Highest 496] The Defendant, from December 2, 2013 to September 2014, was in charge of the affairs of sales and distribution in (ju)G operated by H, the actual representative of the victim (ju)G from around December 2013 to September 2014.
1. Fraud;
A. On June 3, 2014, the Defendant: (a) borrowed KRW 20 million from J in order to bring the victim’s actual representative to Japan (State) and (b) borrowed the amount of KRW 20 million from J in order to bring into Japan, and (c) borrowed the name of the G from April 3, 2015 to April 2015.
“A false statement” was made.
However, the facts are that the Defendant was registered as a bad credit holder since 2002, and there was no property under the name of the Defendant, and even if he borrowed money from J in the name of ( state)G due to no particular income, he did not have any intent or ability to repay the money.
As such, the Defendant, by deceiving the victim, has the victim issue a promissory note in the name of J (State)G, and issued a fair deed.