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A defendant shall be punished by imprisonment for not more than ten 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.
Reasons
Punishment of the crime
The Defendant, due to failure to make an investment in stocks, etc., caused more than 130 million won to a financial institution, and led to pressure on repayment. The Defendant first borrowed 138 million won from an individual borrower and repaid it first, and then received a loan from an individual borrower or a loan from a financial institution on the same day, using the fact that it does not appear in a credit inquiry, etc., the Defendant was able to repay the loan received from the individual borrower by deceiving the victim by simultaneously conducting the loan from various savings banks, including the victim Korea Savings Bank Co., Ltd. on the same day on the same day.
Therefore, on November 8, 2016, the Defendant applied for a loan of KRW 40 million to the Savings Bank in Korea, Seoul Special Metropolitan City, Inc., and asked whether a person in charge of lending of a victim company is proceeding with another lending company at the same time, and the Defendant is not proceeding with another lending company.
“Falsely speaking,” and in order to ask questions from the same counselor about the details of financing that have repaid a large amount of financial institution loans exceeding 100 million won, “the person has received and repaid the borrowed money from the exchange.”
The phrase “ makes a false statement.”
However, in fact, the Defendant borrowed 138 million won from an individual borrower who did not appear in the inquiry of a credit information company, and repaid the loans to the financial institution. On November 8, 2016, the Defendant applied for loans to the Hyundai Savings Bank and the Eth-friendly Savings Bank and received 30 million won each.
As such, the Defendant, by deceiving a person in charge of lending of the victim company, had the person in charge of lending of the victim company approve the application for a loan, and received the remittance of KRW 40 million under the name of the Defendant to the Daegu Bank account under the name of the Defendant on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement against B, and complaint filed by the Korea Savings Bank;
1. A detailed statement of deposit and withdrawal transactions, personal documents, etc., a detailed statement of account transactions, a summary of credit, and a personal borrower;