A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 28, 2016, the Defendant heard that he would give a loan by manipulating the transaction performance from a person who was in an irregular situation, and notified the Defendant of the agricultural bank account (C) under the name of the Defendant.

On September 22, 2016, the Buddhist person assumes the victim D by calls from the victim D at an irregular place, and then assumes it as the employee of the Korean bank, "it is possible to make a loan up to 45 million won by creating a transaction performance and raising credit reputation.

The purpose of “a request to transfer money by receiving a loan from another financial right because of low reputation,” was to induce the victim to do so, and it was transferred KRW 9 million to the said Agricultural Cooperative Account under the name of the defendant around October 5, 2016 from the victim.

On October 5, 2016, the Defendant, despite being aware that the order of the wounded was illegal, transferred the amount of KRW 9 million from the Defendant’s house located in Gyeonggi-gu, Gyeonggi-si to the said Nonghyup account from the Defendant’s bank account to the Defendant’s name (F) bank account. On the same day, the Defendant, with the knowledge of the fact that the order of the wounded was illegal, provided that the employees, who withdrawn and sent the said amount of damages at the Defendant’s bank’s station located in the Seoul bank located in Gwanak-gu, Seoul Special Metropolitan City on the same day, made it easy for the Defendant to commit the crime of causing damages by raising the said amount of damages.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspects of the accused in preparation of a public prosecutor;

1. A written statement concerning D status prepared by the assistant judicial police officer;

1. Application of detailed statements of deposit transactions and data on details of financial transactions to Acts and subordinate statutes;

1. Article 347 (1) and Article 32 (1) of the Criminal Act applicable to the relevant criminal facts and Articles 347 (1) and 32 (1) of the Criminal Act (elective of imprisonment);

1. Article 32 (2) and Article 55 (1) 3 (Accessories) of the Criminal Act mitigated by Act;

1. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (the favorable circumstances examined in the following)

1. In order to obtain a loan at a low interest rate under economic circumstances in which it is difficult for the Defendant to pay various taxes, the Defendant may simply create a transaction performance and obtain a loan at a low interest rate.