A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

The defendant, even though he is a loan solicitor of SBI Savings Bank, is a person who assumes a false loan solicitor of the KBI Savings Bank and receives an application for five million won loan from the victim D and performs a loan brokerage with the above savings bank.

On January 27, 2018, the Defendant was a counselor of the SBI Savings Bank by telephone to the victim on January 27, 2018, and used the necessary funds of KRW 5 million by borrowing KRW 29,500,000 from SBI Savings Bank, and the remaining KRW 24,50,000 does not occur upon immediate repayment.

If the transfer of KRW 24,500,000 to the domestic account is made, the repayment will be made to the SBI Savings Bank.

“.....”

However, in fact, even if the defendant is not only the SBI Savings Bank Counseling Institute Counseling, but also receives the above money from the victim, he was thought to use it for his own cost of living and did not have any intention or ability to use it for the purpose of repaying part of his loan.

The Defendant, by deceiving the victim, was transferred KRW 24,50,00 to the Agricultural Cooperative Account (E) in the name of the Defendant on the same day from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on financial transactions and text details;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is limited to the basic area (from June to one year and six months) (the person subject to special mitigation] of punishment, or where considerable damage has been restored / Where the methods of crime are very poor;

2. Determination of sentence of this case is very poor in light of the applicable law of the crime of this case, and the fact that the defendant has been punished several times for the same crime is disadvantageous to the defendant.

On the other hand, the defendant recognized the crime of this case and reflected his mistake, and the damage to the victim is caused.