The punishment of the accused shall be determined by six months of imprisonment.

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

Punishment of the crime

On September 30, 2016, the Defendant filed an application for a loan by telephone to an employee of the victim MPA (State) in the French land, and “The Defendant operates a limited company of the agricultural company, which is an agricultural and fishery products distributor, in the previous YC, and monthly income is approximately eight million won.

The principal shall be paid monthly interest and repaid by September 30, 2021 by free method.

“A false representation was made.”

However, the facts are that the defendant is the representative of the company D D Co., Ltd. and did not receive monthly income from the above limited company. The monthly income received as a driver is about KRW 1.5 million and KRW 2.6 million. The person who actually operated the above limited company is about KRW 1.1 billion and has no intention or ability to pay the loan principal even if he was to receive a loan from the victim, even though he was to do so, since the amount of the above company's financial right obligation is about KRW 1.1 billion and the amount of monthly interest is about KRW 5 million.5 million.

On September 30, 2016, the Defendant received KRW 15 million from the victim company to the agricultural bank account in the name of the Defendant, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. E mail protocol;

1. Loan transaction contract and transaction ledger;

1. Business registration certificate (24 pages of investigation records), certification of standards for value-added tax (24 pages of investigation records), certification of income amount (26 pages of investigation records) and application of statutes;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered as favorable to the punishment):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] the basic area (six months to one year and six months) (the period from six months to one year) of the types of general fraud; and

2. According to the decision of sentence, all of the circumstances shown in this case, such as the defendant's age, sex, environment, circumstances and results of the crime in this case.