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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On April 22, 2015, the Defendant applied for a unsecured APT credit loan (limited to a loan that is provided only when there is real estate owned by the applicant himself/herself or his/her spouse) to C employees of the victim BNK Capital at a restaurant located in the head office of the Si/Gun/Gu Dong Dong Dong-dong, Busan on April 22, 2015, and there is real estate in the husband's name.
The principal and interest each month between the five years (60 months) from April 22, 2015 to April 1, 2020 shall be repaid in 1,043,776 each month during the loan period from April 22, 2015.
“A false representation was made.”
However, in fact, the real estate owned by the above husband was already sold on the same day, and even if the defendant has no other property or income and has received the loan, he did not have the intention or ability to repay it.
Nevertheless, the defendant acquired money by transfer from the injured party to the national bank account (Account Number: D) in the name of the accused for the same day from the injured party.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A complaint filed by a non-nb case capital company for the preparation of a stock company;
1. Application of the statutes on the table of repayment;
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. Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 of the same Act) does not fully recover from damage even though the amount acquired by the defendant was 35 million won, but the damage has not yet been recovered, a confession and reflect is made by the defendant, a defendant pays approximately KRW 3,300,000 won corresponding to the principle of repayment of about three percent, and additionally pays approximately KRW 1,950,000,000 won to the defendant, and there is no criminal record of the same kind of the defendant): The scope of the recommended punishment on the sentencing criteria: Imprisonment for
1. It is so decided as per Disposition on the grounds of Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order.