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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
The Defendant was unable to obtain credit loans from financial institutions due to lack of occupation at around 2014. However, the Defendant conspireded to obtain loans by deceiving financial institutions as if the Defendant was a company in office, which was the company that was known through the Internet, and the nameless fraudulent loan broker and the Defendant, as if they were in office in the company as “C”.
Accordingly, on May 8, 2014, the person who was unaware of the name mentioned above applied for a loan to the Bank of Savings in the name of the defendant, accompanied by a false certificate of employment, etc., and the defendant applied for a loan to the Bank of Savings in the name of the victim, and the defendant, on May 8, 2014, at the defendant's house near the house located D, who made a confirmation of the loan-related phone, made a false statement as if the defendant is in office in the "C", and then he obtained a loan of eight million won from the damaged person and acquired it by fraud.
In addition, the Defendant borrowed KRW 3 million from Tae River loan, Inc., Ltd. around May 9, 2014 in the same manner as the above, and obtained a loan of KRW 8 million from around June 5, 2014 to around October 10 of the same month from around June 5, 2014, and acquired a total of KRW 19 million from 8 million from the victim professional loan company (former trade name B& E).
Summary of Evidence
1. Statement by the defendant in court;
1. A report on investigation (a witness E phone statement);
1. Application of Acts and subordinate statutes, such as a loan transaction contract, a detailed statement of the transactions of deposits and withdrawal, details of deposits without passbook, and applications for loans;
1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of the recommended sentence] In general fraud, the basic area (from June to one year and six months) of Class 1 (the amount below KRW 100 million) [the sentence] is committed as if the defendant attends a company where the defendant does not actually work, while taking advantage of the fact that the defendant attends the company where the defendant does not actually work, and taking advantage of the amount as a loan from the victim companies.