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

Punishment of the crime

[Criminal Power] On March 29, 2019, the Defendant was sentenced to a suspended sentence of two years for ten months by the Busan District Court due to a violation of the Road Traffic Act (hereinafter referred to as the “Act”). On April 6, 2019, the above judgment became final and conclusive.

【Criminal Facts】

On January 12, 2018, the Defendant: (a) on the C upper road located in Busan Shipping Daegu, Busan, the Defendant: (b) around January 12, 2018, stated that “In the name of the Export-Import Bank, the Defendant is going to the Export-Import Bank; (c) at the present time, the Defendant received loans from the loan companies in the name of the loan companies in the name of the private village of the city; and (d) too high interest rate is high; and (e) when the company becomes aware of this fact, it may be paid in violation of the regulations, and (e) the Defendant is obliged to promptly repay the loan. The Defendant said that “I will pay the loan without delay within three months if I borrowed the loan from the loan companies.”

However, at the time of fact, the Defendant had no particular property, and there was no intention or ability to repay the money as agreed even if he/she borrowed money from the victim, such as the loan obligation of the lending company up to about 44 million won.

Ultimately, the Defendant, by deceiving the victim as above, had the victim borrow KRW 91 million from the lending company, and then transferred KRW 91 million to the Busan Bank account in the name of the suspect on January 15, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. One copy of the confirmation of the results of transfer, the details of account transactions in the name of the complainant, the confirmation of repayment of loans, the written application for the statement demand against the garnishee, the investigation report (Attachment to E Credit Information) and the account transaction statement;

1. Previous records of judgment: Criminal records, previous records of disposition and report on results of confirmation, and application of statutes governing judgment;

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

1. The reasons for the latter part of Article 37 of the Criminal Code and Article 39(1) of the Criminal Code concerning concurrent crimes, the contents of the deception, the degree of damage, and the defendant.