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

At around 16:00 on October 4, 2013, the Defendant: (a) borrowed 20 million won at interest rate of 8.4% per annum with the victim’s future life insurance Co., Ltd. and entered into a monetary loan agreement with the company employees C who confirm the premise of the loan; (b) did not intend to obtain a loan from another financial institution; (c) applied for a loan to future deposit life; and (d) did not intend to obtain a duplicate loan from other financial institutions; and (d) as at the time of execution of the loan for future deposit life, the Defendant promised to immediately repay the loan if the loan is conducted by another financial institution within 15 business days from the 5 business day before the execution date of the loan for future deposit life.”

However, at the time of fact, the Defendant had already been applying for a double loan of approximately KRW 20 million to the Industrial Bank and Hyundai Capital Co., Ltd., and therefore, it was expected to obtain a loan from the above financial institution within several days, and since there was no particular income or property other than the monthly wage of KRW 1.5 million per month, there was no intention or ability to immediately repay the loan to the victim even if the loan has been implemented from the Industrial Bank and Hyundai Capital Capital.

On October 7, 2013, the Defendant received KRW 20 million from the victim to the agricultural bank account under the name of the Defendant and acquired the same amount of pecuniary profit.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a copy of a loan application (including a letter of commitment), credit information inquiry, and a statement of payment;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the range of recommending punishment] general fraud.