A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On May 20, 2013, the Defendant concluded a monetary consumption lending contract with the name of the three life insurance company in the vicinity of D, which is located in the Gu, US, Si, with the victim's future, 40,000,000, annual interest rate of 8.3%, annual interest rate of 8.3%, and one-year period of borrowing, and made a false statement to the effect that the Defendant would not receive duplicate loans from other financial institutions for the last five days and would not receive duplicate loans for the next 15 days.

However, on May 20, 2013, the Defendant had already obtained 70,000,000 won from one bank and had received 70,000,000,000 won from another financial institution, and there was no intention or ability to repay even if the Defendant received 7,00,000 won from another financial institution.

The Defendant, as such, by deceiving the victim, received a remittance of KRW 40,000,00 from the victim under the pretext of a loan on May 21, 2013.

Summary of Evidence

1. Each legal statement of witness E, F and G;

1. Statement made by the police for E;

1. A copy of a loan application, a written agreement on loan transaction, a letter of commitment, credit information inquiry, a statement of payment, and a certificate of payment of interest;

1. In light of the following circumstances, it is sufficiently recognized that the Defendant borrowed KRW 40 million from the victim company with the criminal intent to acquire by deception as stated in the facts constituting the crime, and thus, the Defendant and the defense counsel disputing the above facts cannot be accepted.

① The Defendant had already borne loan obligations equivalent to KRW 200 million with respect to several financial institutions, and most of the Defendant’s revenues were used as interest on loans, card values, etc.

② At the time of the instant loan, the Defendant was to obtain a loan from another financial institution, other than the victim company, after raising credit rating by making a lump sum repayment of the said loan debt through a bromoer at the time of the instant loan.