A defendant shall be punished by imprisonment for six months.

Punishment of the crime

피고인은 2013. 9. 9. 12:35경 서울 용산구에 있는 서울역에서 피해자 미래에셋생명보험 주식회사와 ＇원금 3,300만 원, 연이율 8.3%, 변제기한 1년＇의 금전소비대차계약을 체결하면서 위 회사 직원 C으로부터 “대출 실행 전 5영업일부터 실행 후 15영업일 사이에 다른 금융기관에서 대출 실행이 있는 경우 대출금을 즉시 상환하겠다."는 취지의 확약서를 작성하고서 피해자로부터 대출금 3,300만 원을 피고인 명의 새마을금고(D) 계좌로 송금받았다.

In fact, the Defendant had already applied or scheduled to apply for a loan not only to the victim company but also to other financial institutions on September 9, 2013, and in fact, around the same day, 26 million won in our bank, 42 million won in Samsung Bio-resources on the same day, 30 million won in the new savings bank on the same day, and 5 million won in the Hyundai Swiss Mutual Savings Bank on September 10, 2013, and did not have any intent or ability to repay the above loans.

Accordingly, the Defendant was transferred 33 million won by deceiving the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. A complaint, an application for loan transaction, an agreement on loan transaction, a letter of commitment, each credit information inquiry, each CB Score, a detailed statement of payment, and a certificate of interest payment;

1. In an investigation report (Submission of Suspect's Account Transaction Report) the Defendant directly stated the part on "Fraud" and the part on "legal measures" as stated in the facts constituting a crime, although the Defendant directly stated the content of "a letter of commitment stating that the Defendant has no loan from five business days before the loan was executed to fifteen business days after the execution of the loan," it appears that the Defendant would have not paid KRW 33 million to the Defendant if the victim knew of such circumstances. The Defendant would have been 1 million out of the amount of the loan extended to KRW 200,000 per month.