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A defendant shall be punished by imprisonment for a period of five months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 8, 2017, the Defendant applied for a loan of KRW 23,70,000 to the Victim (State) Hyundai Savings Bank on March 8, 2017, and it is not approved by C from the staff member in charge of loan examination who applied for a loan at the same time to another financial company.
Does the case under way by applying for a loan to other financial companies
There is no request for a loan to another financial company that is proceeding simultaneously with the question "."
The answer was made to the purport that “......”
However, the Defendant applied for a loan of KRW 18 million to the Bank of Ethy-friendly savings and SBI Savings Bank on the same day, and was paying approximately KRW 18 million each month due to existing credit loans, and if the Defendant received the entire loan applied on the same day, he/she must pay KRW 3.9 million each month. However, the Defendant’s monthly income was merely KRW 1.9 million, and there was no special property, and thus, there was no intention or ability to repay the loan received from the injured party.
Nevertheless, the defendant, as mentioned above, acquired the total sum of KRW 23.7 million from the victim to the bank account in the name of the defendant on the same day.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police against D;
1. Application of the Acts and subordinate statutes to file a complaint, letter of credit transaction, credit information, records of transaction of loan accounts, records of account transactions in the suspect bank, details of account transactions in the suspect bank, investigation report (to hear statements by suspect telephone);
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. The fact of the crime of sentencing under Article 62-2 of the Social Service Order Criminal Act is denied, and the damage is not recovered, and the Defendant’s total amount of money which is impossible to repay due to the Defendant’s economic ability from three financial institutions in the Republic of Korea on the same day was loaned, and the Defendant filed an application for individual rehabilitation around July 2017.