beta
Text
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.
Reasons
Punishment of the crime
On April 21, 2016, the Defendant filed an application for a loan of KRW 50 million with the victim (state) Hyundai Savings Bank by telephone at the defendant's house located in Seoul Jung-gu C 205 Dong 1702, Jung-gu, Seoul, 2016, and made a false statement that there was no application for a loan to another financial right on the same day.
In fact, the defendant filed an application for a loan equivalent to KRW 34,253,00 with the above temporary savings bank, and KRW 19,534,00 with the Ethy-friendly savings bank. At the time, the defendant paid a debt equivalent to KRW 300 million and paid the most of the revenue as interest, and there was no intention or ability to repay the loan from the damaged person.
As above, the Defendant was issued KRW 50 million under the name of loans from the victim by deceiving the victim as above.
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 inquire into credit transaction agreements, credit inquiry details, and credit account records;
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. A punishment shall be determined by taking into account the favorable circumstances, such as the fact that the amount of money acquired by the Defendant for the reason of sentencing under Article 62(1) of the Criminal Act is a large amount of KRW 50 million, and that it does not reach an agreement with the victim, considering the fact that the Defendant recognized the criminal facts of this case and reflects the mistake, that the application for credit recovery has been approved and is trying to recover damage by paying a certain amount monthly amount, that the Defendant has no record of criminal punishment for the past, and that there are family members to support the Defendant.