However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

On April 7, 2016, the Defendant would repay the amount of KRW 32,80,000 to a person in charge of non-performing loans from Hyundai Savings Bank, Hyundai Savings Bank, Inc. on a loan basis with interest rate of KRW 27.5% per annum on a loan of KRW 32,80,000 to a person in charge of non-performing loans in an amount equal to that of principal and interest over 60 months.

There is no place of application for simultaneous loan to another financial institution.

“A false representation was made.”

However, even though the Defendant applied for concurrent loans equivalent to approximately KRW 30 million from three banks, such as HK Savings Bank on the same day, the Defendant had no intention or ability to repay the loans even if he borrowed the funds from the damaged party.

The Defendant, as such, by deceiving the victim, received 32,800,000 won from the victim under his/her name as a loan, to the Agricultural Cooperative Account (C) in the name of the Defendant.

Accordingly, the defendant, by deceiving the victim, acquired the property of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the petition or record of complaint;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence include the Defendant’s age, sexual conduct, environment, background and consequence leading to the instant crime, means and consequence, circumstances after the instant crime, sentencing guidelines, and other various sentencing conditions specified in the instant pleadings. In particular, the following circumstances should be considered: (a) the Defendant led to the instant crime; (b) the Defendant’s mistake was recognized; (c) the Defendant repaid or deposited a total of KRW 10 million to the victim; (d) the Defendant paid a certain amount every month through personal rehabilitation; and (e) there was no history of criminal punishment.