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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The defendant is the representative of the Seo-gu D Co., Ltd. in Daegu and is in charge of the management of funds by taking overall charge of the operation of the company.
1. Fraud;
A. On April 2016, the Defendant was liable for the joint and several surety loan obligation of the Korea Credit Guarantee Fund and the Defendant was the victim G in Daegu North-gu, Daegu-gu, Seoul-gu. “A corporation cannot be the representative of the corporation with the exemption from domestic bankruptcy and exemption from domestic bankruptcy. When a corporation is established in the name of the corporation and a loan for business funds is granted in the name of the corporation, the Defendant will fully repay the joint and several surety one year after the date
“A false statement” was made.
However, at the time, the Defendant was scheduled to use the loan in the name of the legal entity, even if he/she received a loan in the name of his/her own account, such as repayment of personal debts, card costs, lease deposit for an individual residence, etc., and even if he/she did not have the intent or ability to repay the loan within one year even if he/she had the victim bear the joint and several surety obligation for the corporate loan.
On May 17, 2016, the Defendant: (a) by deceiving the victim; and (b) caused the victim to obtain a loan of KRW 100 million from the Daegu central branch of the Bank of Korea through the credit guarantee agreement of the Korea Credit Guarantee Fund; (c) obtained the amount of money equivalent to KRW 90 million for joint and several liability obligations.
B. The Defendant is not required to pay the cost of goods in the transaction place to the victim G at the office E company around September 2016, 2016.
The loan will be repaid with the loan to the following month if the loan is given in four names.
“A false statement” was made.
However, in fact, at the time, the defendant has reached 25 million won of personal bond obligations, and the defendant operated there was almost no sales revenue, and most of the defendant's personal debt repayment funds are 100 million won of business funds.