A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On August 30, 2016, the Defendant filed an application for a loan to the Korea Savings Bank in charge of the settlement of victims to “a greater loan (e.g., equal in principle)” with the victim company counselor and telephone call with the victim company, and intends to borrow KRW 329 million.

The phrase “no loan has been obtained from other financial rights and no additional plan to receive a loan is available.”

However, the defendant was thought to receive additional loans of KRW 60,000,000 in total from SBI Savings Bank and NonNK Savings Bank on the same day.

As above, the Defendant, by deceiving the counselor of the victim company, received 32.9 million won from the victim company to the new bank account in the name of the Defendant on August 30, 2016, under the pretext of credit loans from the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Investigation report (Confirmation of a detailed statement of account transactions with a suspect);

1. The application of Acts and subordinate statutes on the list of personal rehabilitation creditors to inquire into the details of transactions, credit summary information, requests for loans, and account transactions;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Selection of Punishment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] general fraud [Article 62(1) of the Act on the Suspension of Execution] In the mitigated area (one month to one year), [a person with special mitigation] [a] the amount of damage was paid, and the victim paid the amount of damage was not punished, and the victim was not punished, the first offender was not punished, the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, and all other circumstances, such as the circumstances after the crime, etc.