A defendant shall be punished by imprisonment with prison labor for four 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

The Defendant, while there is no property in possession, has reached the limit of the ability to repay debts due to the amount equal to approximately 16.6 million won. The Defendant, by means of the so-called common repayment loan (the pre-existing loans of a debtor with high interest rate loan, raised credit rating by fully repaying the existing loans of a debtor with high interest rate, and then, obtained loans at a relatively lower rate than the existing loans from a bank, and then, received loans from the Defendant in the form of money to be repaid and brokerage fees and received additional loans.

On November 2016, the Defendant: (a) contacted the Defendant’s name-free loan business entity; (b) prepared relevant documents; (c) repaid all the Defendant’s debt owed to the National Bank, etc.; and (d) temporarily raised the Defendant’s credit; and (c) applied for a loan to the Defendant Company by the Victim MSA around November 9, 2016.

However, in fact, the defendant raised the defendant's credit artificially through the exchange method as above, as well as the defendant has to pay a large amount of exchange fees with additional loans, so even if he borrowed money from the injured party, he did not have the intention or ability to pay the principal normally.

Nevertheless, the defendant deceivings the victim as above and acquired the amount of KRW 20 million from the victim to the national bank account in the name of the defendant's name on November 9, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Loan transaction contract;

1. Application of the statutes to applications for credit certification;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] is that there was no basic area (6 months to one year and six months) (one year and six months) [the person who is subject to special sentencing] (the decision of sentencing] in Article 62(1) of the Criminal Act of the suspended sentence.