A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 14, 2017, the Defendant, with the Defendant’s cell phone, called the phone to the Hyundai Savings Bank Co., Ltd., the Defendant paid the interest of KRW 870,000 per month on the face of lending KRW 50 million, and paid the principal in lump sum after the 12-month period from 12 months to 60 months.

There is no application for simultaneous loan to another financial institution.

“Along with the purpose of “Along with the extension of credit,” an application for credit loan.

However, the Defendant applied for simultaneous loans of KRW 142 million in total, including KRW 20 million from the Ethy Savings Bank, KRW 30 million from the SBI Savings Bank, KRW 12 million from C, KRW 12 million from mountain and money, KRW 20 million from the National Bank, and KRW 50 million from the National Bank. In fact, the Defendant applied for concurrent loans of KRW 142 million, and there is no intention or ability to repay the principal and interest as stipulated in the contract even if the existing obligations are extended from the damaged person.

Nevertheless, on February 16, 2017, the defendant deceivings the victim as above and acquired 50 million won from the victim to the Agricultural Cooperative Account (D) in the name of the defendant on February 16, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. An inquiry into a credit transaction agreement, inquiry into loan, transaction records of loan accounts, ordinary information, comprehensive credit report, and inquiry into and statement on the details of agricultural cooperatives' transactions;

1. Recordings, recorded CDs (the defendant and his defense counsel obtained a loan of KRW 50 million from the injured party as stated in the criminal facts in the judgment of the defendant, or there was no intention or ability to repay the loan at the time of the case, and therefore there was no intention to commit the crime of deception or deception against the injured party;

The argument is asserted.

However, the following circumstances acknowledged by the court’s legitimate examination of evidence, namely, ① the Defendant had no particular revenue or property except for KRW 5 million of monthly salary at the time of the instant case, and the Defendant already exceeded KRW 200 million prior to the instant loan.