A defendant shall be punished by imprisonment for not less than five months.

Punishment of the crime

On June 18, 2013, the defendant requested C and C to provide counseling about loans, which are three lending solicitors, in the future of the victim corporation, and requested the lending of KRW 50 million.

The Defendant did not notify C of the fact that he received a loan from another financial institution within five (5) days before filing an application for a loan but did not notify C of the fact that he/she received the loan from another financial institution even though he/she was notified of the agreement to the effect that C was unable to apply for the loan, and if it was confirmed that the loan was received within the said period, he/she concluded an agreement with C

그러나 사실은 피고인은 2013. 6. 17. 경 한국 스탠다드 차 타드 은행으로부터 4천만 원을, 같은 날 하나은행으로부터 5천만 원을 차용한 상태였음에도 불구하고 이러한 사실을 고지하지 아니하였을 뿐만 아니라 약 2억 원 상당의 다른 채무가 있었고, 위와 같이 9천만 원의 채무가 생긴 직후였으며 2014년에는 개인 회생을 신청할 정도로 자산상태가 나빴기 때문에 피해 자로부터 5천만 원을 차용하더라도 이를 갚을 수 있는 의사나 능력이 없었다.

The defendant was transferred from the victim to the Japanese bank account (Account Number:D) in the name of the defendant under the pretext of borrowing KRW 50,000 from the same day.

Accordingly, the defendant was given property from the victim by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, C, and F;

1. A protocol concerning the examination of partially the police officers of the accused;

1. The application of Acts and subordinate statutes to applications for loan transactions, agreements on loan transactions, and commitments;

1. Relevant legal provisions for criminal facts, Article 347(1) of the Criminal Act for the choice of punishment, the grounds for sentencing of sentence of imprisonment [the scope of recommendation] [the scope of recommendation] general fraud field (from June to one year and six months) (the person who is subject to special sentencing].