However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Around August 2013, the Defendant was at least KRW 140,000,00,000, and the Defendant’s monthly wage of KRW 300,000,000 is no longer possible, and sought a solution. On August 2013, the Defendant accepted the proposal that “A loan will be received as above, if the Defendant would be paid a fee of KRW 20,000,000,00,00, and would be able to obtain the loan from the financial right.”

Accordingly, on August 20, 2013, the Defendant filed an application for a loan of KRW 50 million with the victim company on the condition that “if there is no application for a loan to another financial institution, and there is any loan to another financial institution during 15 business days from five business days before the loan is executed, it will immediately repay the loan,” with a letter of commitment to the effect that “in the case of a loan to another financial institution, it shall immediately repay the loan,” within a parked vehicle near a bus terminal located in Ulsan-gu, Busan Metropolitan City, Busan Metropolitan City, the Defendant applied for a loan of KRW 5 million with the victim company.”

However, in fact, from August 20, 2013 to August 21, 2013, the Defendant had already been, or had to be, extended KRW 110 million in total from the National Bank to the National Bank, KRW 70 million, KRW 20 million from the Nonghyup, and KRW 20 million from the New Bank. In addition, if the Defendant was to obtain additional loans from the victim company, he did not have any intent or ability to pay the total amount of loans exceeding KRW 50 million.0 million.

The Defendant, as above, by deceiving the victim company, received KRW 50 million from the victim company as a loan around August 21, 2013.

Summary of Evidence

1. The defendant;