On July 10, 2013, at the victim’s future located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, Seoul Metropolitan Government (hereinafter “victim”)’s office, the Defendant borrowed KRW 7.4% per annum from the damaged company and KRW 25 million per annum for the repayment period of KRW 3 years, and the Defendant did not file an application for a loan with other financial institutions. At the time of the loan execution, the Defendant written an undertaking to immediately repay the above loan if the loan is implemented with other financial institutions within 15 days after the enforcement of the loan.

However, on the same day, the Defendant was planning to obtain a loan of KRW 27 million from a national bank on the next day, and even if receiving a loan from the injured party, there was no intention or ability to repay the principal and interest.

Nevertheless, the Defendant, by deceiving the employees in the name of the Defendant, received 25 million won from the damaged company as a new bank account (B) in the name of the Defendant, and acquired it by fraud.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. The application of Acts and subordinate statutes to applications for loan transactions, agreements on loan transactions, and commitments;

1. Relevant legal provisions and Article 347(1) of the Criminal Act on the facts of crime [the scope of recommending punishment] The reason for sentencing of punishment [the scope of recommending punishment] of type 1 (not less than KRW 100 million) in the basic area (from June to January 1) [the person who is subject to special sentencing] [the decision of sentencing] of the defendant [the decision of sentencing] did not recover damage even though the amount acquired by the defendant is considerable amount.

However, the defendant has no record of criminal punishment until now.

In this context, the sentencing guidelines shall be decided by taking into account various sentencing conditions, such as the defendant's age, background, motive, means and consequence, and circumstances after the crime.