Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

The Defendant is unable to provide loans to the victim B in several times at a place where the location cannot be known from February 2016 to April 2016.

If a loan was granted under four names and borrowed money, the loan will be repaid at the end of each year, and if not, it would be changed under the name of the loan. The victim received a loan from C bank, etc. on April 29, 2016, and then remitted KRW 50 million to the Bank’s account under the name of the Defendant (D) at the Industrial Bank of Korea (hereinafter “Industrial Bank of Korea”) and KRW 1.3 million on May 24, 2016.

In fact, the Defendant, at the time, was under personal rehabilitation who bears the loan obligations equivalent to KRW 42 million and paid the amount equivalent to KRW 900,000 per month, while there was no specific property, and there was no intent or ability to repay the money borrowed from the damaged party as above, and there was no uncertainty about whether to change the name of the lending.

As a result, the Defendant received a total of KRW 90,130,000 from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes on detailed statement of transactions by account in the name of the complainant B;

1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, the fact that the defendant has no criminal record, the fact that he/she made a confession as a substitute for the crime, and some of the amount of fraud (the defendant asserts that KRW 40,467,841 is KRW 40,467,841) paid to the victim.

However, on August 5, 2017, the criminal who abused the postal administration and good faith of the victims of pro-Japanese job offering, and the arrest on July 14, 2018 under the arrest warrant was arrested after the crime committed. The victim of the instant case received retirement allowances and provided work for daily work after retirement of the defendant in order to repay all of the loans that the defendant has not repaid, and the court applied for individual rehabilitation.