A defendant shall be punished by imprisonment for six months.

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

Criminal facts

On May 24, 2013, the Defendant stated that “Acheon Life Insurance Co., Ltd., operated by the 4th floor of the Sinannam-gu Yandong-gu Terminal 2-8 Kacheon Life Insurance Co., Ltd., the Defendant borrowed KRW 20 million from the victim’s staff member to the victim’s name poor. It would repay the loan received from another financial institution during 15 business days after the loan from the five business days before the loan.”

However, in fact, the Defendant had no particular property, and the obligation was already 30 million won or more, but there was a continuous increase in the debt, and thus, it was inevitable to pay interest at an immediately high rate even if there was a workplace benefit. Since the Defendant had to obtain additional loans from other financial institutions at the same time, there was no intention or ability to pay such loans even if he borrowed money from other financial institutions.

Around May 27, 2013, the Defendant, by deceiving the victim as such, received 20 million won from the victim to the Agricultural Cooperative Account (B) in the name of the Defendant from the victim and acquired it by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. An application for loan transaction, a letter of loan transaction, and a letter of commitment;

1. Application of the detailed statement of ordinary deposits trading and the detailed statement of deposits trading statutes;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] The basic area of punishment for types 1 (a decision of the recommended area of less than 100 million won): Imprisonment with prison labor for six months to one year [a general person] mitigated element of imprisonment for six months]: There is no record of criminal punishment [a major reason for suspended execution] Major positive factors: The size of substantial damage is relatively small and there is no record of criminal punishment;