A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On April 17, 2013, the Defendant prepared an application for a loan transaction for the purpose of purchasing a house on the condition that the Defendant would not apply for a loan to another financial institution from five business days before the date of the implementation of the loan to five business days after the enforcement of the loan, while making a false statement as if the Defendant did not apply for a loan to the other financial institution.

However, in fact, the Defendant did not use the above loan for the purpose of acquiring a house, but did not have the ability to repay the loan even if the Defendant received a loan from the victim by taking out a total of KRW 33,346,00,000 from the SPA Savings Bank around April 18, 2013, such as borrowing KRW 8,989,000 from the SPA Bank on the same day, and taking out a loan from other financial institutions than the above loan.

Around April 18, 2015, the Defendant, by deceiving the victim as such, received a remittance of KRW 40 million under the name of the loan from the bank account (Account Number: C) in the name of the Defendant from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to accusations, applications for loan transactions, written agreements on transactions, offers, and credit information inquiries;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. The scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] general fraud category 1 (less than KRW 100 million) and the basic area (not less than six months to one year and six months) (no special person);

2. The fact that the defendant's decision on the sentence of this case recognized the crime of this case and reflects it, and that there is no record of the same kind of crime and the suspension of execution, there is a little amount of damage.