2018 Highest 1391 Fraudulent

A (75 - 1), Company Board

Kim Jae-ho (Lawsuits) and Ba-ho (Trial)

April 26, 2018

A defendant shall be punished by imprisonment for not less than six months.

except that the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

To order the defendant to provide community service for 120 hours.

Criminal History Office

On January 23, 2017, the Defendant: (a) called the victim B and made a loan for KRW 50,00,000 to the lender for the loan; (b) decided to pay interest rate of KRW 7% per annum on October 1, 201 to the lender at the time of maturity; and (c) concluded a credit transaction agreement with such content to pay approximately KRW 880,000 on the first day of each month; (b) whether the borrower was using the phone to make a simultaneous loan to another financial company; and (c) whether the loan manager respondeded to the purport of “no......”

However, the Defendant had a total of KRW 180,00, KRW 00, and KRW 5,000, and the principal and interest of the obligation to pay each month was approximately KRW 5,00,00, and KRW 00, and there was no particular property. In addition, the Defendant had no intent or ability to repay the amount of KRW 50,00 to the victim as the Defendant had been making concurrent loans of KRW 98,50,00,00 in total in terms of card loan, finance, capital loan, etc.

Nevertheless, on January 23, 2017, the Defendant, by deceiving the victim as above, obtained money from the victim to a new bank account under the name of the Defendant and obtained money from the victim by defrauding KRW 50,00,000.

Summary of Evidence

1. Defendant's legal statement;

1. C Credit Information;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 347(1) of the Criminal Act, Selection of Imprisonment

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Social service order;

Article 62-2 of the Criminal Act

Reasons for sentencing

【Scope of Recommendations】 General Fraud Area of Reduction of Type 1

○ Special mitigated person: a case where a victim who has neglected to conduct an examination in preparation for credit laundry, including the so-called laundry method, has a substantial responsibility for the expansion of damages.

【Determination of Sentence】 Temporary increase in credit rating, and the absence of recovery of damage related to a final and conclusive crime in which a loan is made simultaneously, is disadvantageous.

However, in the light of the weight of the mitigated, the subordinate status leading to the Brazil, and the remaining character and behavior, it is appropriate to be carefully treated in society rather than in custody in the response newsletter.

The punishment of six months shall be determined within the scope of the recommended punishment, but the execution of community service for the prevention of recidivism shall be suspended for one year.

The fixed number of judges