A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[2018 Highest 1736] Defendant is a person who was the C representative director, a company operating equipment during construction.

1. On January 15, 2010, the Defendant made a false statement to the above (State) C Office in Yeonsu-gu Incheon Metropolitan City D Housing E, and to the victim F, an employee, stating, “The Defendant borrowed money in return for the shortage of office operating expenses and equipment within two months.”

However, even if the defendant borrows money from the damaged person, he/she did not have any intention or ability to change it within two months.

The Defendant, as such, by deceiving the victim, received from the injured party the loan amount of KRW 15 million.

2. On January 2010, the Defendant sought to purchase a dump truck to be used in the company at the same place as that of paragraph 1, and to obtain a loan from the gump company on the security of the vehicle from the gump company because there is no cost to purchase the vehicle to be used in the company.

When receiving a loan, the person and the wife of the party will be the joint guarantor, and the vehicle installments will be repaid.

The phrase “ makes a false statement.”

However, the defendant did not have the intention or ability to pay installments even if he borrowed the vehicle as collateral.

As such, the Defendant: (a) by deceiving the Victim F; and (b) purchased dump truck in an amount of KRW 56.8 million from the Victim F to the victim F’s wife G, such as a certified copy of the resident registration, a certificate of seal imprint, and a certificate of seal imprint; and (c) purchased dump truck in an amount of KRW 64 million from H; (b) obtained a loan from the victim F and the victim G with a joint and several guarantee for the above 64 million loan obligation; and (c) obtained a financial benefit equivalent to KRW 128 million per each victim’s guaranteed obligation from the victims.

3. On May 2010, the Defendant had no cost of purchasing a dump truck from the Company to the victim I, who is a police officer, at the same place as paragraph 1, and there is no cost of purchasing the vehicle.