However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

On October 30, 2015, the Defendant filed an application for a loan of housing funds with a staff member under the name in the nearest branch of the C Bank in Michuhol-gu, Incheon, for a loan of housing funds, and submitted a lease contract for the “YY E-gu E-building F” owned by D and had the Defendant actually resided in the said house.

However, the defendant did not think that he will reside in the above house, and it was thought that he would use the money from the damaged company by using the false charter contract, and there was no intention or ability to pay the money even if he received the money from the damaged company.

Nevertheless, on November 10, 2015, the Defendant had the victimized Company transfer the loans of KRW 160 million to the C Bank account (H) in the said name under the name of the Housing Fund Loans, and caused the said G to acquire pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Written complaint filed by C by the defendant;

1. Application of Acts and subordinate statutes on loan transaction agreements, written consent of pledge, and principal lease contract;

1. Relevant Article 347 (2) and (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommending punishment according to the sentencing guidelines [the range of recommending punishment] shall be the basic area (the range of recommending punishment and the range of recommending punishment], the basic area of which is not less than 100 million won, and less than 500 million won, and 1 to 4 years; and

2. The amount of obtainment of the sentence is KRW 160 million and the possibility of recovery of damage seems to be small. G appears to have used the crime of this case by G’s instruction or request; G is deemed to have obtained multiple recommendations under the name of the defendant; G is a state in which the defendant was temporarily liable for a large amount of debt and G is accused of fraud; G is monthly every three years.