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 January 19, 2017, the Defendant filed an application for a loan to E by the victim Hyacom Savings Bank employees in the Nam-gu Seoul Metropolitan City, Busan Metropolitan City, and submitted a lease agreement with the above restaurant as data for self-certification, and asked questions as to whether the lease deposit of the above cafeteria is normally paid from E, “The lease deposit of the above Boe Ssam Scenic restaurant is KRW 40 million and KRW 3.1 million is paid each month.

It is not possible to directly confirm because of the relationship with the lessor, but to show the tax account statement that has been paid with the rent.

".............. as evidence that monthly rent is being paid, the tax account statement received from the lessor was submitted to the above employee, and prepared a contract for the transfer of the claim for the above lease deposit and applied for the loan.

However, the Defendant did not pay every month a monthly rent because the monthly rent was deducted from the deposit due to the operation of the above restaurant, and the actual deposit was also 30 million won, so even if the Defendant borrowed money from the victim company, it did not have any intent and ability to pay the money, and it did not remain a claim of KRW 40 million.

The defendant deceivings the victim as above and received 20 million won in his own national bank account (Account Number F) from the victim on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (referring to the part favorable to the following reasons for sentencing)

1. The sentencing criteria [Scope of Recommendation] General Frauds No. 1 (less than KRW 100 million) (one month-1 year-one year-one year) [Specially mitigated persons] victims are also responsible for the occurrence of crimes or the expansion of damage.