1. The defendant shall be punished by a fine of one million won;

2. If the defendant does not pay the above fine, 10,000 won shall be one day.

Punishment of the crime

On November 25, 2014, the Defendant, despite the absence of the intent or ability to repay the principal and interest even if he/she received a loan, concluded a credit transaction agreement between the employee in charge of the savings bank in charge of the settlement bank in charge of the settlement bank of the victim to obtain a loan of KRW 232,471 to receive KRW 8 million on the condition of installment repayment over a period of 60 months, and acquired it by remittance to the post office account in his/her name on the same day.

Summary of Evidence

1. Partial statement of the defendant;

2. Inquiry into loan credit account records, details of savings transaction, and list of individual rehabilitation creditors (the defendant had no intention to commit fraud).

However, at the time of the loan, the Defendant was liable for the loan to financial institutions near to KRW 150 million, the principal and interest to be repaid every month was the amount exceeding his monthly salary, and there was no clear plan to repay the loan even if the Defendant used the loan to repay other debts than his own dental treatment fees.

In full view of the fact that the principal and interest of the instant loan were stated and that the instant loan began to be in arrears after two times the principal and interest were paid, and that the application for personal rehabilitation was filed at least four months after the loan was implemented, the application of the Acts and subordinate statutes can be recognized as the criminal intent of

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.