A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On March 15, 2017, the Defendant applied for credit loans of an amount equivalent to KRW 50 million to C, a person in charge of loan examination of the Jinjin Savings Bank (formerly changed: Hyundai Savings Bank), a victim corporation, etc. at a non-permanent location below Gwangju (formerly changed: Hyundai Savings Bank), and said to the effect that, if the Defendant borrowed KRW 50 million, he/she would have an intention or ability to change it, and that, at the same time, he/she did not have a loan in the same time applied to any financial institution other than the victim corporation at the time.

However, around that time, the Defendant had no particular income or property other than approximately KRW 3.7 million in monthly salary, while the Defendant has a debt equivalent to KRW 169 million in a financial institution, which is already liable to pay approximately KRW 6.24 million in monthly loan principle, and even if having received a loan from the victim company, there was no intent or ability to repay the loan. In addition, the Defendant was running so-called “simultaneous loan” to other savings banks than the victim company.

Nevertheless, the defendant deceivings the employees of the victim company as above, and thereby acquired the money of KRW 50 million on the same day from the victim company to the account in the name of the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (employee and currency of the Ethical Savings Bank);

1. Terms and conditions of credit transactions, and detailed credit information for one credit system;

1. Application of Acts and subordinate statutes to recording notes;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that a sum of KRW 20,90,174 is repaid to the victim company for the reason of sentencing under the pretext of the principle of loan, that the total amount of loans received from the victim company is used to repay the existing loan, that there are circumstances that can be considered in the motive of the crime, that the victim company received the instant loan from the victim company in order to obtain a loan at a lower interest, and that it is against the recognition of the crime.