A defendant shall be punished by imprisonment with prison labor for four months.

except that the execution of a sentence shall be deferred for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 2, 2016, the Defendant called the Defendant’s work at Agsan S&C office (ju), the Defendant, the Defendant, the Defendant’s work at the S&C office located in Agsan S&C office, to “within one year from the date of lending KRW 32 million to the S&C bank.” Although the Defendant asked the employees in charge of lending the victim bank to grant additional loans to other banks, etc., the Defendant did not speak about the current status of the Defendant’s obligations and the plan for new loans.

However, around that time, the Defendant assumed that 11% of the principal shall be paid as interest during the 15th day of the following-year period, and that the Defendant would not have any intent or ability to pay the principal to the victim continuously because the monthly interest to be borne by the Defendant is similar to the monthly income of the Defendant, and the Defendant did not have any intent or ability to repay the principal after one year.

Accordingly, on November 2, 2016, the Defendant, by deceiving the victim as such, received 32 million won from the victim to the company bank account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement (B);

1. Complaint;

1. Inquiries into receipts, credit transaction agreements, transaction records of loan accounts, details of transactions of deposits and withdrawals of IBK Bank, and en bloc inquiry into credit;

1. Application of Acts and subordinate statutes to the details of transactions by account, a detailed statement of deposit transactions, a detailed statement of passbook transactions, and details of transfer without passbook;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act concerning the criminal facts;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] of Article 62(1) of the Criminal Act, the mitigation area (one month or one year from January to one year) of Class 1 of the Criminal Act (the scope of recommendation] (the decision of sentence) [the person who is subject to special mitigation] is not subject to punishment.