A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On August 2016, the Defendant offered a loan to a financial institution, such as a national bank and a mutual savings bank, with approximately KRW 120,000,000,000,000 as additional credit loans are difficult due to the difficulty of additional credit loans, and offered to obtain a loan at a lower rate than the existing loan by using it.

Accordingly, the Defendant introduced the F, which operates the mutual lending company of the name “E” from D, and raised the credit rating by allowing F, from August 18, 2016 to August 31, 2016, to pay the existing loans of KRW 113,865,989 on behalf of the Defendant.

On October 14, 2016, the Defendant applied for a loan of KRW 29 million to an employee of the Korean Savings Bank, Korea, Inc., a non-employee. In the process of the examination of the loan, the Defendant entered into a credit loan agreement on the condition that he/she will pay the principal and interest equally until October 14, 2021, even though he/she borrowed the existing loan from F in the process of the examination of the loan.

However, at that time, the Defendant borrowed a total of KRW 134 million from five lending companies including the victim, but most of such loans have to be immediately repaid to F, and as such, the Defendant has to pay a large amount of money without any particular property, and there was no intention or ability to repay the loans even if the Defendant received the loans from the damaged party due to the circumstance that most of the revenues of KRW 3 million per month should be paid as the borrower.

Nevertheless, on October 14, 2016, the Defendant was transferred KRW 29 million from the injured party to the bank account (Account Number: H) with the victim’s name on October 14, 2016.

Accordingly, the defendant, in collusion with D, acquired the property from the injured party by receiving the property.

Summary of Evidence

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