A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On March 2016, the Defendant made a false statement to the victim C using telephone and B at a place where it is not known to the early police officer, stating, “I would like to change the loan to the first financial right because there is an interest on the loan in the name of the Defendant, which is too high. If I would receive a loan under the joint name because the credit rating is good, I would complete the existing loan with the money, and will receive the loan from the first financial right after recovering the credit rating.”

However, the defendant was thought to obtain a loan under the name of the victim, not the joint name, and even if the victim has lent the loan, there was no intention or ability to obtain a loan from the first financial right to repay the loan to the victim at all.

On March 15, 2016, the Defendant, by deceiving the victim as above, got the victim to borrow KRW 31.5 million from the D Bank to the E Bank, and KRW 36 million from the E Bank respectively, and then, received from the victim KRW 10 million on the same day and KRW 57.5 million from March 16, 2016 to the F Bank Account (G) in the name of the Defendant, and acquired pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation reports (verification of suspect's credit information and details of deposit transactions);

1. Financial transaction certificates;

1. Each specification of transactions;

1. Application of the Acts and subordinate statutes concerning details of transactions;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act that stipulate the applicable criminal facts and the choice of punishment does not have any criminal power for the same kind of crime or any penalty heavier than suspended execution for the reason of sentencing, but considering the fact that the amount of damage and the amount