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.

Punishment of the crime

On April 24, 2013, the Defendant entered into an agreement with D business operators belonging to “C” (hereinafter “instant loan”) that are linked to a lending life insurance company in connection with the victim’s future life insurance company, on condition that loans amount to KRW 28 million, interest rate of KRW 1 year, annual interest rate of KRW 9.4%, overdue interest rate of KRW 7% within one month, KRW 1 month and KRW 8% within one month, and KRW 9% beyond three months and KRW 9% within three months (hereinafter “instant loan”).

In concluding a loan transaction agreement with a victim company, the Defendant signed a letter of undertaking stating that “The former applicant does not have any application for a loan to another financial institution, other than the current status of the loan application made by other financial institutions as listed below,” and “a loan shall be immediately repaid in the event that a loan is conducted by another financial institution within 15 business days from the five business days before the enforcement date of the loan as at the time of loan execution” and written “the current status of loan application made by other financial institutions” in the said letter of undertaking.

However, the Defendant did not have any particular property at the time, and there was approximately KRW 180,000,000,000 for the existing debt, and on the same day, 23,000,000 won from the bank, 19,000 won from the life of the next day, and 7,90,000 won from the Hyundai Capital Capital, and used it for the repayment of the debt by the victim company.

Around April 25, 2013, the Defendant, by deceiving business operators D as above, received KRW 28 million from the victim company to the agricultural bank account in the name of the Defendant from the victim company, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. A complaint;

1. An application for loan transaction, a written agreement on loan transaction, a letter of undertaking, a credit information inquiry, or a certificate of payment of interest;

1. Payment of principal and interest of loans;