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A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 16, 2013, the Defendant submitted a letter of commitment to the effect that there is no corresponding matter to “the current status of the loan application for other financial institutions” to the employees in charge of receiving a loan of KRW 7.4% per annum from the victim (the victim) and the victim (the owner) and the U.S.C. 45-1 located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and KRW 25 million on terms of the loan period of three years.
However, on May 14, 2013, the Defendant had already received KRW 17,00,000 from the SC Bank around May 16, 2013, KRW 9,224,000 from the SC Bank around May 16, 2013, KRW 10,000 from the Agricultural Cooperative on the same day, and KRW 14,700,000 from the Hyundai Capital Co., Ltd on the same day. Accordingly, the principal and interest of the above other financial institutions were to pay every month for the principal and interest of the above other financial institutions, while the Defendant did not have any intention or ability to make timely repayment of the loans to be paid from the victim because there was no income or property other than KRW 1,90,00 per month.
Around May 20, 2013, the Defendant deceptioned the above B, and received KRW 25 million from the victim company to the national bank account in the name of the Defendant, around May 20, 2013.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes to accusations, applications for loan transactions, agreements on loan transactions, commitments, and credit information inquiry agreements;
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;
1. Considerations such as the fact that the defendant's reason for sentencing under Article 62 (1) of the Criminal Act is against the defendant, and that the defendant has no previous record