A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant around May 9, 2008, at the office of the defendant in Gwangju Northern-gu B and 201 operated by the defendant, "on the loan of money to the victim D, the defendant will pay the existing bank loan and pay the loan with the bank loan additionally.

“.....”

However, the Defendant was given a loan of KRW 20 million at a financial institution on November 30, 2005 through the guarantee of a credit guarantee foundation, but from March 2007, the Defendant began to pay the loan in arrears, and was aware of the circumstances that the credit guarantee foundation could no longer receive a guarantee if the loan is overdue, making it difficult to receive a loan from the next financial institution. In addition, even if the Defendant borrowed money from the damaged person due to a lack of financial situation of the Defendant’s company at the time, the Defendant did not have the ability to pay the loan.

Defendant deceiving the victim as above and transferred KRW 15 million on the same day from the victim to the Gwangju Bank account in the name of the Defendant. On July 3, 2008, the Defendant received KRW 6 million from July 3, 2008 and acquired 21 million in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Requests for delivery of a loan certificate, statement of transaction, inquiry into details of loan transactions, verification of closure of business, confirmation of closure of business place, etc. or written judgment;

1. Application of Acts and subordinate statutes to investigation reports (including both the Small and Medium Business Administration and the Guarantee Foundation verification of telephone conversations contents, conditions of counterpart loans to the Nonghyup Bank related to this case, submission of inquiries into the ledger of loans related to this case, submission of data to employees E, hearing of G telephone statements to employees of F branch offices of the Market Promotion Foundation, employees of the Small and Medium Business Administration, hearing of H telephone statements of employees

1. Determination as to the defendant's assertion of the relevant Article of the Criminal Act, Article 347 (1) of the Criminal Act, and Article 347 of the Criminal Act concerning the selection of punishment for imprisonment

1. The Defendant merely borrowed KRW 15 million from the injured party on May 9, 2008 and borrowed KRW 21 million as indicated in the facts constituting a crime.