A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Power of crime] On April 7, 2016, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for special larceny, etc. in the Daejeon District Court's Branch of the Daejeon District Court on April 7, 2016, and the said judgment became final and conclusive on the

[2] On March 31, 2008, the Defendant filed an application for a loan by preparing and submitting a financial installment contract with the following purport: (a) around 14:00 on March 31, 200, the Defendant applied for a loan to the victim company for a loan of KRW 20,000,000 necessary for purchasing a high-end vehicle in the Plaintiff company, through the employees of the aforementioned “Nan” company, via the Defendant’s employees, for a period of 36 months:0,000 won per month; (b) around 14:0,000,000 won per month.

However, at the time, at the time, the Defendant had no special property or any other property, and had no intention or ability to repay the vehicle normally even if the Defendant received a loan from the victim company, because he purchased a vehicle with a heavy amount of money borrowed from the victim company and planned to transfer the vehicle to the creditor in lieu of a substitute, under the circumstances where the Defendant had received a demand for the said loan from the victim company.

Nevertheless, the defendant deceivings the victim company as above, and thereby, he obtained a loan of KRW 20 million from the victim company and acquired pecuniary profits equivalent to the same amount.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application for loan, copy of passbook, and original register of automobile registration;

1. Complaint;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of judgment);

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The latter part of Article 37 of the Criminal Act on the treatment of concurrent crimes provided that the reason for sentencing of Article 39(1) [the scope of recommendation] of Article 39(1) does not exist in the basic area (from June to one year and six months) (special sentencing factors).