A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On September 7, 2016, the Defendant made an application for a loan of KRW 30 million to Hyundai Savings Bank Co., Ltd. with a nameless loan broker, and concluded an agreement for a loan of KRW 27.7% per annum with respect to the victim and interest rate, and KRW 30 million which can be extended by up to five years every 12 months with due date repayment, on the ground that the Defendant did not have to be asked from the employees of the victim at the same time as an application for a loan is being filed with another financial right by telephone.

However, in addition to the victim on the same day, the defendant also filed an application for a loan of KRW 10 million with the Bank of Eth-friendly savings, KRW 34.8 million with consideration, KRW 20 million with Samsung Card, and KRW 64.8 million with the Samsung Card. There was no property at the time, and the debt was equal to KRW 1.30 million with the defendant's monthly income, and even if the defendant did not pay interest on the existing debt with his monthly income, he did not have any intent or ability to pay the loan normally even if he received the loan from the injured party.

In this regard, the defendant deceivings the employees of the victimized person as above, and he was transferred KRW 30 million to the account in the name of the defendant bank in the name of the victim on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Loan agreement and loan-related documents;

1. Records of loan management;

1. Certificate of employment;

1. A tax payment certificate;

1. Account transactions;

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] general fraud, type 1 (less than KRW 100 million) [the scope of recommended punishment] and the basic area of punishment [the scope of recommended punishment], the basic area of imprisonment with labor for not less than six months, but not more than one year and six months;

2. The amount of damage caused by the instant crime, the sentence of which is determined, is substantial;

Even after a considerable time has elapsed since the instant crime, the damage was not recovered.