A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On August 3, 2011, the Defendant: (a) made and submitted a “a letter of trust agreement” to the effect that the Defendant would faithfully pay KRW 1,719,367 each month to the employees of the victim company, whose name is not known at the victim iag Capital Co., Ltd. in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul Metropolitan Government 1’s 7-1 treatment marine building; and (b) the Defendant would pay KRW 1,304,690 each month in total for 36 months.

However, at the time, the Defendant had already been liable for the amount of approximately KRW 170 million in the financial right, and there was no other property and there was no intention or ability to repay the loan in installment even if the Defendant received money from the victim company due to the absence of any other property.

As such, the Defendant, by deceiving the victim company, acquired 32 million won from the victim company to the deposit account in the name of the Defendant in the name of the bank under the name of the Defendant on the day.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. The receipt of principal and interest on multiple discrimination, the terms and conditions of the contract, the application and written consent of the issuer of the contract, the inquiry of credit information, the application for commencement of individual rehabilitation procedures, and the application of the Acts and subordinate statutes governing the deposit and withdrawal of Korean banks;

1. Article 347 (1) of the Criminal Act applicable to the crime and Article 347 of the choice of punishment: Selection of imprisonment;

1. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. The defendant and the defense counsel asserted that at the time of the loan of this case, the victim company was given a loan after sufficiently examining the defendant, and that there was no criminal intent to acquire the defendant by fraud.

2. The following circumstances acknowledged based on the evidence, ① the Defendant’s debt was a large amount at the time of the instant loan, and the Defendant was at the time of paying back credit cards to the Defendant, and ② the Defendant was at the expense of the lending broker.