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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[2013 Highest 5103] Around August 28, 2012, the Defendant filed an application for a loan of KRW 21 million to Hyundai Capital Co., Ltd. for a loan of KRW 350,000 to raise approximately KRW 80,000,000,000, while operating the “D Limited Company” established for manufacturing business, such as a household washing machine, in order to raise funds for approximately KRW 80,000,000 in Seoul.
However, in order to raise the settlement fund of bills at maturity on August 27, 2012, when the Defendant had been suffering from the difficulty of financing due to the company's debt amounting to KRW 2.6 billion at the time, the Defendant received a loan on condition of delivering the borrowed loan to Broker, and was thought to be used in the settlement of bills, and thus, there was no intention or ability to repay the principal or monthly payment even if the borrowed loan was made.
As such, the Defendant, by deceiving the victim company, obtained loans of KRW 21 million from the victim company through bromoer, and acquired them by fraud.
[2013 Highest 6397] The Defendant was the representative director of D Limited Company, and around August 2012, when the due date for payment of bills was imminent, the Defendant was faced with a risk of insolvency if he/she fails to repay his/her obligations under the circumstances where the said company’s payment date for bills was overdue. The Defendant was willing to obtain installment financing loans in the name of the Defendant without the intention to own the vehicle, requesting loan from the name seal seal seal seal seal seal seal seal seal.
On August 28, 2012, the Defendant agreed on August 28, 2012, at the “F” office located in Seongdong-gu Seoul, to apply for loans for mid- and high-term installment loans to the victim Korea Social Co., Ltd. (hereinafter “F”), and to repay loans of KRW 20 million at the annual interest rate of 27.9% per month for 36 months.
However, the facts are that the defendant's vehicle transferred to the above person who is named as "motor vehicle tin".