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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
[criminal power] On June 1, 2017, the Defendant was sentenced to one year of suspension of the execution of six months for violating the Electronic Financial Transactions Act by the Daegu District Court on June 1, 2017, and the said judgment became final and conclusive on June 9, 2017.
【Criminal Facts】
On February 2, 2015, the Defendant: (a) at the office of “C” in the operation of the Defendant in Daejeon-gu Daejeon-gu, Daejeon-gu, the Defendant: (b) provided the victim D with a loan to KRW 100 million; and (c) provided the loan to be repaid in the previous name; (d) first, the Defendant provided the victim with a loan from the victim’s name to the account of the lending company; and (e) provided the victim with a loan from February 25, 2015 to March 13, 2015, the Defendant borrowed KRW 30,061,525 in total; (b) received the loan from the victim to the account in the name of the Defendant; or (c) transferred the loan to the account of the lending company.
However, at the time of receiving a loan under the name of the victim, the Defendant was liable for KRW 100 million with personal liabilities and bonds, etc. with no particular property. In circumstances where it is unclear whether it is possible to implement the loan, it was determined that the loan was not made due to the following reasons: (a) around February 20, 2015, prior to receiving the loan under the name of the victim; and (b) around that time, the Defendant’s operation “C” did not have profit if it excluded expenses, such as personnel expenses, etc. due to the aggravation of business management; and (c) thus, even if having received the loan under the name of the victim,
Accordingly, the Defendant, by deceiving the victim, had the victim borrow a total of 30,061,525 won from the financial institution, and then got transferred or remitted the above loan to the account of the lending company that received the personal loan.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;