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Defendant shall be punished by a fine of KRW 6,000,00. If the Defendant fails to pay the said fine, then 100.
Reasons
Punishment of the crime
Around June 3, 2013, the Defendant loaned KRW 50 million to an employee in charge of loan, who is unable to know the name of the victim's future life insurance company, in the vicinity of the defendant's residence in Yangsan-si, and prepared an application for loan as if the principal and interest were to be repaid at the agreed maturity date, and prepared and issued a letter of undertaking that there was no intention to obtain the loan in duplicate by other financial institutions while applying for the loan.
However, in fact, the Defendant did not have any other income than KRW 5 million from monthly income, and there was a need to pay approximately KRW 4 million per month for the Defendant’s personal obligation with the principal and interest of KRW 300 million. Thus, even if he borrowed money, he did not have the intent or ability to pay it. On May 31, 2013, the Defendant borrowed KRW 80 million from the Bank and received additional loans from other financial institutions on the date of receiving the loan from the victim company, and notified the victim company’s employees in charge of the Defendant’s loan situation.
The Defendant received 4980,000 won from the victim company to the Korean bank account (Account Number: D) in the name of the Defendant on the same day.
Accordingly, the defendant was given property by deceiving the victim company.
Summary of Evidence
1. Defendant's legal statement;
1. A complaint;
1. An application for loan transactions, a letter of commitment, each credit information inquiry, each CBCORE inquiry and a statement of payment;
1. Application of Acts and subordinate statutes to report on investigation;
1. Article 347(1) of the Criminal Act and Article 347(1) of the same Act regarding facts constituting an offense, and Article 347(1) of the Criminal Act of the option of a fine - Interest payment has been made for at least one year and five months after receiving the loan, and in this respect, it does not seem that the individual rehabilitation application was planned since receiving the loan. In addition, the victim company and the company have paid or promised to pay