A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 25, 2013, in the vicinity of Guro-gu Seoul Metropolitan Government, the Defendant prepared and submitted a letter of undertaking that there was no plan to receive a loan from another institution while the employees of B lending solicitation companies who are victims of future life insurance companies have applied for a loan or loan.

However, the Defendant received a total of KRW 58,862,00 from June 25, 2013 to June 26, 2013, a total of KRW 58,862,00 from four financial institutions other than the victim, and the Defendant did not have any intent or ability to repay even if he/she received a loan from the victim because of a large amount of debt.

Nevertheless, around June 26, 2013, the Defendant, by deceiving the victim as above, received KRW 25 million from the victim to the corporate bank account in the name of the Defendant, as a loan, and acquired it by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. A complaint;

1. An application for loan transaction, a written agreement on loan transaction, a letter of undertaking, credit information inquiry, a certificate of interest payment, and a detailed statement of payment;

1. In the investigation report (as to the usage of the suspect loan), the Defendant asserts that the Defendant did not acquire the loan by deception because he had the ability to repay the loan from the victim at the time of receiving the loan.

However, the following circumstances acknowledged by each of the above evidence, namely, ① the Defendant obtained a total of approximately KRW 70 million loan from a large number of financial companies from around 2011 and used approximately KRW 20 million loan around the end of 2012; ② the Defendant applied for relief financing around the end of 2012; ③ the Defendant was used to repay most of the Defendant’s loans from the victim; ④ the Defendant received a total of KRW 58 million loan from other financial institutions than the victim.