A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 5, 2017, the Defendant made a false statement to the effect that “Around July 5, 2017, the Defendant obtained a credit consultation by telephone from an employee in the name of the victim KB Capital Co., Ltd. and held B 502 Dong 3201, Seocheon-si, Nowon-gu, 502 Dong 3201, and would repay the loan borrowed money.”

However, even though the Defendant had already sold the above house to C on June 26, 2017, it was explained that the employee in charge of the loan may receive a loan more than the case where he had already owned the house under the name of the Defendant. As such, in order to obtain a loan from the damaged party by using the ownership of the above house on the registry, the Defendant made a false statement to the injured party as above, and received a loan from the North Korean bank, etc. prior to receiving the loan from the damaged party, etc., and there was considerable difficulty in the financial situation, such as the loan from the injured party immediately before receiving the loan from the injured party. Therefore, even if the Defendant received the loan from the injured party, the Defendant did not have any intent or ability to repay the loan.

Nevertheless, the defendant deceivings the victim as above, and he obtained 35 million won from the victim to receive 35 million won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. An investigation report (Submission of data by a complainant), credit loan examination, investigation report (Attachment of a certified copy of B real estate register at the time of loan), investigation report (Attachment of suspect credit information, etc.), suspect credit information, credit information examination data, credit loan examination data, and investigation report (to hear statements by the purchaser of Btel telephone);

1. Application of the Acts and subordinate statutes to a complaint and credit loan application;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) [the scope of recommendation] under Article 62(1) of the Act on the Suspension of Execution (the scope of recommendation] and Article 1 of the Act on the Suspension of Execution (10 million won or less) (1 month or year from January to 1 year) are not subject to punishment (the decision of sentence).