A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Criminal facts

1. The Defendant, at around September 2015, shall receive loans from the victim F in E office located within D, which is located within Dong-si, Dong-si, Do-si, and shall receive loans from the victim F, such as repayment of loans, father’s hospital expenses, etc., and shall make a full payment three months after the letter of guarantee.

“......”

However, the Defendant, at the time of lending, had a debt worth KRW 250 million to the lending company, and there were no economic circumstances such as continuous delinquency of credit cards. Therefore, even if the Defendant had a joint and several surety for the Defendant’s loan obligation, the Defendant did not have the intent or ability to repay the loan within a given period.

However, on September 24, 2015, the Defendant: (a) by deceiving the victim as above; and (b) caused the victim to obtain monetary benefits equivalent to the above loans by having the victim stand joint and several surety under a loan contract with KRW 21 million in total, respectively, from 7,000,000,000,000,000,000,000,000,000,000,000.

2. Around August 19, 2016, the Defendant: (a) specified the purpose of embezzlement to use KRW 21 million from the Victim F to repay the obligations specified in paragraph 1; (b) received a delivery from the Victim F; and (c) kept the Defendant’s account in the name of the Defendant (number G).

On the same day, the Defendant used 7 million won of the said money to repay personal debt to H et al. on the same day, and embezzled such money by voluntarily consuming it on gambling sites.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Loan transaction contract;

1. Details of transactions of deposits and withdrawal, and a detailed statement of financial transactions;

1. Details of transactions with the National Bank (G) in the name of the recipient;

1. Application of Acts and subordinate statutes to credit information inquiries and replies;

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 355(1) of the Criminal Act (the point of embezzlement) and the choice of imprisonment, respectively, for the crime;

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. Article 62(1) of the Criminal Code of the Suspension of Execution (the grounds for the following sentencing)