A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Around November 2012, the Defendant conspired with C to pay 10,00,000 won to the amount of debt that the Defendant owed to a financial institution, etc. at the same time, and to reduce the economic burden due to the high interest rate, by abusing the fact that the Defendant did not share real-time information among financial institutions, and in particular, the obligation to an individual cannot be known at a financial institution. As such, C intended to repay the Defendant’s existing obligation on behalf of the financial institution, and the Defendant received a loan at the same time from two financial institutions, and simultaneously paid the Defendant a fee of KRW 10,00,00 to C, and accordingly, C paid the Defendant’s existing obligation on behalf of the financial institution on November 10, 2012.

After that, around November 19, 2012, the Defendant was issued KRW 9,965,00 on November 22, 2012 from the victim Han Bank branch in Suwon-si, the Defendant was liable for debt to C as above, and was committed as if he did not notify at all of such circumstances even if he had to obtain a loan to the foreign exchange bank, and was scheduled to execute a loan of KRW 100,000,000, by applying for a loan to the foreign exchange bank. Accordingly, the Defendant received KRW 9,965,000 from the victim on November 22, 2012.

In this way, the defendant acquired the property from the victim in collusion with C.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application for a loan approval and a loan transaction agreement;

1. The Credit Information Federation of Banks;

1. Application of Acts and subordinate statutes regarding specification of transactions;

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime. Article 347 (Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [type of crime] - General Fraud No. 1 of the Fraudulent Crime Group - The basic area of profit less than 100,000,000 won [territory and scope of recommendation] - six months of imprisonment.