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.

Punishment of the crime

On June 11, 2013, the Defendant submitted a letter of undertaking at the victim future life insurance company office in Gangnam-gu Seoul Metropolitan Government Tehro 507 (Thodong), and filed an application for a loan of KRW 20,000,000 with a staff member in charge of loans from other financial institutions.

However, in fact, the Defendant was liable to pay KRW 100,000 or more at the time, and the Defendant did not have any intent or ability to pay the said amount even if the Defendant borrowed money from the victim, such as 50,000,000 won from the Agricultural Cooperatives around June 10, 2013, 38,00,000 won from the Korea Tti Bank, 18,353,000 won from the Hyundai Capital, and 29,650,000 won from the Korean Lifelong around June 11, 2013.

Around July 12, 2013, the Defendant, by deceiving an employee in charge of the victim company, received 20,000,000 won from the victim company as a loan from the victim company to the Agricultural Cooperative (C) account under the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes governing loan transactions, loan transaction agreements, commitments, and credit information inquiry agreements;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “the reason for sentencing”)

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Determination of types: Type 1: General fraud (less than 100 million won);

(b) A special breeder: No person;

(c) The scope of recommendations and recommendations: Basic area, imprisonment of six months to one year and six months.

2. Determination of sentence: Imprisonment with prison labor for six months, the suspension of execution for two years: the total amount of damage is not specified as KRW 20 million; circumstances favorable to the failure to reach an agreement with the victim company: the partial payment of the principal and interest of the loan and the recovery of somewhat or completely damaged damage (Evidence Record 13 through 15); and the defendant reflects the fact of crime;