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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The defendant is the representative director of D Co., Ltd., which has the Co., Ltd. 410 in Bupyeong-si.
1. On February 26, 2015, the Defendant, at the above D Office on February 26, 2015, requested the victim E to provide joint and several sureties to obtain a loan by requiring money for business. It is the same that there is a Chinese contract between 10,000. It will be ensured that if the case is resolved, the Defendant will not be able to know about the repayment of the loan.
“A false representation was made.”
However, in fact, the Defendant promoted Chinese case, but did not receive it regularly, and it was almost in bankruptcy from around 2014 due to the difficulties in the management of the company, and the Korea Technology Credit Guarantee Fund had a debt equivalent to 300 million won, which was not changed, and was subject to provisional attachment because it was impossible to do so, and the Defendant did not have an intent or ability to pay the loan normally even if the Defendant was to receive the loan from the lending company because it is extremely difficult to do so, as well as there was a debt amounting to 18 million won to the Yongsan Agricultural Cooperative, and there was a debt amounting to 18 million won to the loans from the lending company.
Nevertheless, the Defendant: (a) deceiving the victim as above; (b) had the victim borrow a loan of KRW 5 million from the UN CF Capital loan to the victim; (c) had the victim jointly and severally guaranteed the loan; and (d) did not pay the loan; and (c) obtained the same amount of property benefits by failing to pay the loan; and (d) thereafter, the Defendant obtained the pecuniary benefits equivalent to the same amount of the loan from the lending company by five times until March 2, 2015, as shown in attached Table 1 of the Crimes List 200,000 from the lending company, from March 2, 2015.
2. On March 2, 2015, the Defendant, at the above D Office, borrowed money from the Defendant to the Defendant on the receipt of orders from China if it is necessary to provide the Defendant with business funds.
“A false representation was made.”
However, the defendant is faced with economic difficulties as above.