A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. On August 5, 2011, the Defendant committed the crime on August 5, 2011, at the mother-ro office located in Suwon-si, Suwon-si, the Defendant made a false statement to “B, who is an employee of the Victim Capital Co., Ltd., the Defendant borrowed KRW 16.5 million,” and written and submitted a written agreement.

However, since the defendant had the intention to use the loan granted to him as the cost of living, there was no intention or ability to repay the loan from the damaged person.

The Defendant received 16.5 million won from the injured party to the Nonghyup Bank account in the name of the Defendant, under the pretext of borrowing money from the same day.

Accordingly, the defendant was given 16.5 million won to the injured party by deceiving the injured party.

2. On September 5, 2011, the Defendant: (a) made a false statement in the D Office located in Young-gu, Young-gu, Young-gu; and (b) made a written agreement on a general loan for purchasing automobiles at the time of the Defendant’s filing of a false statement with E, an employee of the victim Solomon Savings Bank, “to lend KRW 8.4 million, intending to buy automobiles”; and (c) made and submitted a written agreement on a general loan for purchasing automobiles.

However, since the defendant had the intention to use the loan granted to him as the cost of living, there was no intention or ability to repay the loan from the damaged person.

The Defendant received 8.4 million won from the injured party to the Nonghyup Bank account in the name of the Defendant, under the pretext of borrowing money from the same day.

As a result, the Defendant, by deceiving the victim, was given KRW 8.4 million from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each statute on filing of a complaint;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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. The amount of punishment under Article 62(1) of the Criminal Act, the amount of fraud, the degree of deception, and the identity of the victim was considered, and the defendant has no criminal history.