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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
On August 19, 2013, the Defendant made a false statement to the effect that “The Defendant did not obtain a loan from other financial institutions except for the loan of KRW 50 million from the foreign exchange bank, and there is no plan to receive the loan, so the Defendant would have changed the execution of the loan.”
However, the Defendant, at that time, was unable to repay a debt equivalent to KRW 140 million from a financial institution, such as SPS Bank, CT Bank, and Il Savings Bank, with failure to invest in stocks, and was expected to pay fees to illegal loan companies at maturity and repay existing loans to a large amount of financial institution, and to bear a large amount of obligations from new financial institutions. After receiving a loan from the victim corporation, the Defendant actually planned to obtain a loan from the foreign exchange bank at around August 19, 2013, KRW 50 million from 2013,8,20,000,000 from the Switzerland Bank, KRW 50,000,000 from Hyundai SPS Mutual Savings Bank, KRW 40,00,000 from Hyundai SPS Savings Bank, and KRW 27,000,000 from Hyundai Capital on August 21, 2013.
As above, the Defendant, by deceiving the victim corporation, received a remittance of KRW 30 million from the victim corporation’s non-permanent employee on August 21, 2013, and acquired it by fraud.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to file a complaint, an application for loan transaction, a letter of loan transaction, a commitment, each credit information inquiry, each credit information company, a payment statement, a payment certificate, an interest payment certificate, a collection receipt of earned income sources, and a report on results
1. The relevant legal provisions for criminal facts and the reason for sentencing of Article 347(1) of the Criminal Act for the choice of punishment [the scope of recommending punishment] general fraud [the scope of recommending punishment] and the basic area (6 months to 100 million won) (6 months to 6 months).