A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 22, 2016, the Defendant called, “The Defendant shall call to the person in charge of the savings bank in charge of the payment of KRW 3,180,00,00 in installments by means of equal repayment in the principle of 837,994 on the 21st day of each month in accordance with the agreement on the face of the loan of KRW 3,180,00,000,000.”

However, in fact, while the Defendant received the benefits of KRW 2.3 million, the Defendant had a debt of KRW 98 million each month to pay the amount equivalent to KRW 3.8 million, and there was no intention or ability to repay even if he/she received the loans from the injured party due to the absence of other assets.

Nevertheless, the defendant deceivings the victim company as above and transferred KRW 31.8 million from the victim company to the defendant's account on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Complaint;

1. Application of Acts and subordinate statutes to individual rehabilitation applications, such as a description of loaned goods, a credit transaction agreement, a schedule for repayment of principal, a statement of repayment of interest, and an inquiry of details of other transactions;

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. Determination as to the assertion of the Defendant and the defense counsel under Article 62(1) of the Criminal Act (i.e., sentencing in consideration of the following factors)

1. There is no intention of deception or fraud to the head of the State.

2. According to the evidence duly admitted, the following facts are recognized.

1) The Defendant, immediately before committing the instant crime, was liable to pay approximately KRW 98 million to the mutual savings bank, etc., and paid KRW 3.8 million each month with the principal and interest.

2) The Defendant is obligated to repay all the existing debts through a loan brokerage company that is difficult to repay the above principal and interest, and to receive loans from other loan companies in addition to the instant crime and pay fees to the loan brokerage company.