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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.
Reasons
Punishment of the crime
On July 9, 2013, the Defendant prepared a false loan application to the employees of the above company to confirm whether there was an additional loan application plan in the amount of KRW 230,000,000,000 in other financial rights even before and after filing an application for a loan with the victim’s future life insurance company, when there was no way for the Defendant to repay the existing debt normally with the existing assets solely with the income actually received from the existing assets and the Defendant’s actual income, and the Defendant did not intend to obtain a loan from the financial right in a short period of time, and even if the Defendant received a loan from the victim’s future life insurance company, he/she did not have any intent or ability to repay the loan. However, even before and after filing an application for a loan with the victim’s company, the Defendant obtained a false loan application from the victim company to the account in the name of the Defendant’s bank (B/400,000,000 won under the name of the Defendant bank’s account in the name of the victim company.
Summary of Evidence
1. Defendant's legal statement;
1. A complaint and a letter of undertaking;
1. Application of Acts and subordinate statutes on investigation reporting;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act for probation and community service order is that the defendant defrauded the loans by deceiving financial institutions.
Considering the fact that damage has not been repaid, and that there is a fact that a fine of two million won has been issued due to habitual gambling on October 2013, the nature of the crime and circumstances are not good.
However, it seems that there is a family member who will support the livelihood, a loan to meet the living cost, but it is difficult to repay it, and it is still in progress of the individual rehabilitation procedure, and a fine is imposed once.