A defendant shall be punished by imprisonment for six months.

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

On July 2, 2013, the Defendant: (a) borrowed the victim’s future life insurance company and 40 million won from interest at an underground parking lot in the Seodaemun-gu Seoul Western University, Seodaemun-gu, Seoul; and (b) entered into a monetary loan agreement with the victim’s future interest rate of 7.2% per annum; and (c) issued the said company’s employees C with a written promise to the effect that the said company’s employees would not have received duplicate loans at other financial institutions for the last five days, and will not receive duplicate loans for the next 15 days.

However, in fact, the Defendant was expected to obtain a double loan of approximately KRW 150 million in total from a large number of financial institutions from the beginning, and was already given a loan of KRW 90 million in Korea SC Bank and Han Bank on the day immediately before the date of the loan, and was expected to obtain an additional loan of KRW 34 million in life on the day of the loan.

In addition, it is difficult to cope with about 3.8 million won of monthly income of the defendant working as a protection source, which is about 5 million won of daily living expenses and loan interest, and there was no intention or ability to repay interest and loan to the victim according to the agreement because there was no particular fixed income.

Nevertheless, the Defendant, by deceiving the victim as above, received a remittance of KRW 40 million from the victim for the same day as the loan money.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police statement made to D or C;

1. Application of Acts and subordinate statutes, such as a complaint (including attached documents) and a certified real estate register;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Probation and Social Service Order [Determination of Punishment] Fraud - Type 1 (determination of less than KRW 100 million) (determination of the recommended area] basic area [the scope of recommendations] from June to June 1 (general person].