A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Criminal facts

On January 25, 2017, the Defendant entered into a loan agreement with the victim company and 35,80,000 won with a loan agreement of 35,880,000 won with an employee of the Korea Savings Bank (former Hyundai Savings Bank) for the loan of 35,80,000 won to the Lone Star Savings Bank (former Hyundai Savings Bank) in order to ask questions as to whether the above victim bank's employees are applying for the loan of 35,80,000 won at the same time, on the other hand that there is no case in progress of the loan application.

However, in addition to the victim bank on the above day, the defendant had filed an application for a loan of KRW 15 million in addition to the creditor-friendly savings bank, KRW 25 million in the credit card in Korea of the L-friendly savings bank, KRW 10 million in the savings bank, KRW 10 million in the savings bank in Busan and the Bank in charge of the loan of KRW 9 million in total, and KRW 9 million in the loan of KRW 75 million in the savings bank in Busan and the Bank in charge of the loan of KRW 10 million. The defendant had no property at the time, and even if he received the payment, he was aware of his intention to use the loan as debt repayment and the cost of living, and thus, he did not have any intention or ability to pay the loan normally even if he was paid the loan.

The Defendant received 35,80,000 won from the injured party under the same day as the loan.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. A credit transaction agreement;

1. Credit Tax Details (A);

1. Details of credit account transactions;

1. Application of Acts and subordinate statutes governing recording records;

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. Although the amount of damage for sentencing under Article 62(1) of the Act on the Suspension of Execution is not much significant, the Defendant’s mistake is against himself, and the Defendant repaid approximately KRW 10 million with the principal and interest of his obligation, and the Defendant is scheduled to pay a certain amount each month through personal rehabilitation, and the Defendant is prior to the instant case.