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A defendant shall be punished by imprisonment for 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.
Reasons
Punishment of the crime
[2018 Highest 2783] Defendant A was sentenced to imprisonment for six months as a result of a violation of the Electronic Financial Transactions Act in the Pohang branch of the Daegu District Court on August 17, 2017, and the said judgment became final and conclusive on August 25, 2017.
Defendant
A and C have the intent to make a false statement as if they enhance the performance of the loan by receiving a loan from the victim D, and to use the loan in the name of the victim for personal purposes, such as living expenses.
Defendant
A and C around 202:00 on August 2, 2017, at the non-vigu Madembel located in Daegu, will receive loans from the victim in the name of “C's private village to increase the performance of loans from E Bank,” and to repay all loans after a week.
1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”
However, in fact C's private villages did not have worked as a bank employee, and Defendant A and C thought that they will be used for personal purposes, such as living expenses, etc. with a victim's loan, and even if they receive a loan under the name of the victim from the victim, they did not have an intention or ability to repay the loan
Nevertheless, Defendant A and C, as seen above, had the victim deceiving the victim, and thereafter, had the victim take up KRW 5 million in the name of the victim from the F bank on August 3, 2017; 5 million in the name of the victim from G bank on the same day; 5 million in the name of the victim from H bank on the same day; and 5.95 million in cash from H bank on August 3, 2017; and had the victim take over KRW 6 million in cash from the victim on August 3, 2017 to the post office account in the name of Defendant C; and received KRW 2 million in cash from the victim on August 4, 2017 to transfer KRW 5 million in cash from the victim on the account in the name of Defendant C.
As a result, Defendant A and C conspired to receive a total of KRW 14.45 million from the injured party.
Summary of Evidence
1. Statement by the defendant in court;
1. Legal statement of the witness D;
1. Protocol concerning the interrogation of suspects by the prosecution against C (including the K and L);
1. Statement made by the police with D.