Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On August 17, 2018, the Defendant was sentenced to five months of imprisonment for the crime of occupational embezzlement in the Militarysan Branch of the Jeonju District Court for the crime of occupational embezzlement, and the judgment became final and conclusive on December 14, 2018.

On March 22, 2018, the Defendant told the Victim B to obtain a loan of KRW 30 million from the Credit Guarantee Fund by telephone, and only remove other loans of KRW 5 million already received, the Defendant would be a loan. The Defendant borrowed KRW 5 million to pay interest after a day.

However, the Defendant could not obtain a loan at the time of the credit rating of 8 level. The Defendant did not have the ability to obtain a new loan and repay the above 5 million won to the Defendant, even if he borrowed 5 million won from the victim, because he was unable to obtain an additional loan due to the existing loan obligation of the coffee shop operated under the Defendant’s wife’s name.

Nevertheless, the Defendant, by deceiving the victim as above, received five million won from the national bank account (Account Number: C) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. A complaint;

1. Details of conversation and transfer;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;