A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 26, 2016, the Defendant stated to the effect that “The Defendant was the victim, the Savings Bank and the Hyundai Savings Bank Co., Ltd., Ltd., by telephoneing the credit loan, shall have to repay the principal and interest of the loan without fail for 60 months at the face of the week, and there is no loan in the simultaneous application with other financial institutions.”

However, in fact, the Defendant was a member of the company accompanying the “C (State)” in the Chungcheongnam-gun B, and there was no other income other than about four million won of monthly salary, and there was approximately KRW 120 million of debt such as financial rights, and was already liable for about four million of the principal and interest of each month. In order to resolve the debt, the Defendant had been seeking to engage in a simultaneous loan at three places in the savings bank including the victim company. Therefore, even if having received credit loans, there was no intention or ability to repay the loan.

Nevertheless, the Defendant received 25 million won from the Korea Savings Bank Co., Ltd. on the same day from the victims to the national bank account (D) in the name of the Defendant, and received 47.6 million won from the Korea Savings Bank Co., Ltd. to the corporate bank account (E) in the name of the Defendant, and acquired 72.6 million won in total from the victims to the corporate bank account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. Each complaint;

1. A credit transaction agreement, a table of plans for repayment of principal and interest, and a summary of credit;

1. Application of the Acts and subordinate statutes on credit transaction, credit information, etc.;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] general fraud [the scope of the recommended sentence] and the basic area (6 months to one year and six months] (the person who is subject to special sentencing] of the sentencing guidelines: the defendant shall be punished by imprisonment for six months.