A defendant shall be punished by imprisonment 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

On August 20, 2013, the Defendant: (a) applied for a loan of KRW 36 million to the Victim’s Future Life Insurance Co., Ltd. (interest rate of KRW 8.3% per annum, and year of the loan period of KRW 1 year); and (b) drafted the commitment to the effect that “in addition to the application for a loan of KRW 40 million to the Foreign Exchange Bank, there is no loan from other financial institutions for 15 business days after the enforcement of the loan from the five business days before the enforcement date as of the start-up of future Lifelong.

However, the Defendant applied for a loan of KRW 38 million to Han Savings Bank on August 19, 2013, and had already been granted a loan of KRW 38 million from Han Savings Bank on or around August 20, 2013. Therefore, even if the Defendant received a loan from the victim, the Defendant did not have any intent or ability to repay the loan.

As such, the Defendant, by deceiving the victim, received KRW 36 million from the victim as a loan from August 21, 2013, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application for a loan transaction, an agreement, a letter of undertaking, each credit information inquiry, a certificate of payment of interest, a withholding receipt, a general loan of one savings bank, a loan transaction agreement, a loan product description, and the application of statutes of the Credit Counseling and Recovery Commission;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] is general fraud category 1 (less than 100 million won) and the mitigation area (one month to one year) (special mitigation person] and the punishment is not imposed, or damage is recovered from considerable part;

2. The sentence shall be determined as ordered in consideration of the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances after the instant crime, etc.