A defendant shall be punished by imprisonment for four 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

The defendant is a company member.

Examining the financial status of the Defendant on January 2016, 2016, the Defendant did not have any special property other than the monthly pay 2.4 million won, while the Defendant did not have any intent or ability to repay the said money even if he borrowed money from another person additionally.

On January 20, 2016, the Defendant called a lending broker C at Ansan-si, a member-gu, the Defendant, through a lending broker, in order to use the loan as an existing debt repayment and illegal soil and sand gambling fund. On the same day, the Defendant was planned to obtain an additional loan of approximately KRW 60 million from another lending company, and thus, he/she is unable to know his/her name even though he/she did not have the intent or ability to pay the loan normally even if he/she received the loan from the damaged company, the Defendant would use the loan as a marriage fund and make it repaid well without the mold.

‘Falsely speaking, it was obtained 33 million won as a loan from the injured party to the head of the national bank (Account D) in the name of the accused on the same day.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police for E;

1. Investigative into credit transaction agreements, receipts, loan account records, and the application of Acts and subordinate statutes on credit information data for each age;

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 reason for sentencing of Article 62-2 of the Social Service Order Criminal Act is that the defendant deceivings the victim by means of the so-called exchange method using the blind point of the loan examination, and that most of the damage has not been recovered, and the criminal liability is not weak.

However, the fact that the defendant is led to confession and reflect, and that there is no other criminal record except for a crime of violating the Electronic Financial Transactions Act one time on or around 2014, the fact that there is no other criminal record shall be considered as favorable circumstances, and the defendant's age, sex, circumstances after the crime, etc.