Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

Since the Defendant retired from the “C” on August 2015 and did not have any workplace or income, and the cost of the fixed work, such as living expenses, was considerable to KRW 2.5 million per month, the Defendant did not have an intention or ability to pay the principal and interest of the loan each month even if he received the loan.

On September 15, 2015, the Defendant received monthly benefits from the victim's credit loan loan loan loan loan amounting to KRW 471,000 per month during the 48-month period, by falsely stating that he/she would normally pay the principal and interest of the loan each month for the 48-month period by lending KRW 17 million to the victim's company at the same time. As such, the Defendant received money from the victim's company to borrow KRW 17 million loan loan amounting to KRW 17 million.

Summary of Evidence

1. The part of the defendant's legal statement that "it is true that the company was left alone and that it was obtained the loan of this case"

1. Application of the Acts and subordinate statutes on loan approval attached to the written opinion;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant’s defense counsel: (a) it was true that the Defendant had the place of work as if the Defendant had no place of work; (b) the Defendant had no intention or ability to repay the loan to the Defendant.

It is difficult to see that fraud is not established.

DaNN

2. However, in full view of the evidence duly adopted and examined by this court, the following facts are revealed.

① On March 15, 2015, the Defendant became a member of the “C” and received a loan of KRW 15 million from the victim company around March 2015. In other words, around September 15, 2015, the Defendant received a loan of KRW 17 million from the victim company.

It seems that the term loan is likely to be regradated.

The first loan of KRW 15 million is in fact a loan of this case.