A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On April 19, 2013, the Defendant submitted to the Victim Future Life Insurance Co., Ltd. a letter of commitment not to make a duplicate loan application with respect to a loan transaction agreement that borrows KRW 30 million from the victim and other financial institutions.

However, in fact, the Defendant had no particular property at the time, and the monthly income was merely about KRW 2 million, while the obligation reaches about KRW 175 million, which was borrowed from a new financial institution, resulting in the Defendant’s application for the loan for the purpose of so-called “irreshion” in which the loan was repaid with the borrowed money from an existing financial institution. On the same day, the Defendant did not have any intent or ability to repay the loan even if he borrowed the money from the victim, such as filing an application for the loan of approximately KRW 94 million with another financial institution.

On April 22, 2013, the Defendant, by deceiving the victim as such, received 30 million won from the victim to the new bank account in the name of the Defendant (B) on the pretext of the loan borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the statutes on a copy of loan application;

1. Relevant Articles of the Criminal Act and Article 347(1) of the Criminal Act concerning the punishment, and the reasons for sentencing;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of the recommended sentence on the sentencing guidelines [decision of type] group of fraud crimes-general fraud-10 million won or less [the scope of the recommended range] basic area (one to six months of imprisonment) (one to six months of imprisonment): No special person:

3. Determination of sentence of this case has not yet been made, taking into account the fact that the amount of damage in this case was 30 million won or more, and that no damage has yet been recovered from the name, as set forth in the order.