A defendant shall be punished by imprisonment for not less than eight 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 December 13, 2013, the Defendant was sentenced to imprisonment with prison labor for ten months and two years of suspended execution for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, at the Daegu District Court on December 13, 201, and the judgment became final and conclusive on December 21, 2013.

On July 11, 2013, the Defendant submitted a letter of undertaking to the effect that “No person has filed an application for a loan with any other financial institution” under the condition that the Defendant may not know the name of the victim in the middle-gu Government Bond Compensation Form 561 and the future set-up Design Center in the third floor of the Mzz and Fire Building shall not apply for a credit loan.

However, the fact is that between July 11, 2013 and July 12, 2013, the victim applied for a credit loan of an amount equivalent to KRW 124 million between a national bank and other financial institutions, such as a national bank, etc., and therefore the victim did not have any intent or ability to meet the terms and conditions of the loan.

Around July 17, 2013, the Defendant entered into a loan contract with the victim at the same place and acquired money of KRW 30 million from the victim through the national bank account (Account Number: C) in the name of the suspect on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Statement made by the prosecution concerning D;

1. Statement of D police statement;

1. An application for loan transaction, a written agreement on loan transaction, credit information inquiry, a letter of commitment, and a statement of payment;

1. Previous convictions in judgment: Application of an investigation report (prior convictions in the latter part of Article 37 of the Criminal Act and confirmation of concurrent crimes);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act;

1. Circumstances recognized by each evidence, prior to the determination of the criminal intent of the crime of defraudation under Article 62-2 of the Social Service Order Criminal Act, namely, the Defendant, who received money from his name-free loan brokerage broker, artificially manipulates credit rating by repaying the existing loans in a lump sum, thereby causing the Defendant to incur a debt of KRW 18 million, and the Defendant’s credit rating increase.