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

Punishment of the crime

1. On August 24, 2017, the Defendant applied for a loan of KRW 24 million by making phone calls to the victim Company B as if he/she would have repaid the loan. On the other hand, the Defendant applied for a loan of KRW 24 million, and the employees of the victim company instructed the loan broker (hereinafter “ through exchange broker”) to ask whether the loan was concurrent loan.

However, in fact, the Defendant, at the time, has been financially unable to meet the living cost due to the following: (a) the Defendant was liable for a total of KRW 612 million, including the Defendant’s liability for a loan equivalent to KRW 428 million; and (b) the monthly interest was paid in KRW 2.4 million or KRW 2.5 million; and (c) the Defendant received a loan from a large number of loan companies at the same time; and (d) thus, even if the Defendant borrowed the loan from the victim, there was no intention or ability to repay the loan.

As such, the Defendant, by deceiving the victim, was transferred KRW 24 million from the victim’s bank account (Account Number D) in the name of the Defendant on the same day.

2. On August 24, 2017, the Defendant filed an application for a loan of KRW 50 million with the victim E by telephone and as if he/she would have repaid the loan, and the Defendant applied for a loan of KRW 50 million with the victim company’s employees who were asked for whether the loan was concurrent loan (hereinafter “ through exchange broker”). As the Defendant instructed a loan broker (hereinafter “ through exchange broker”), he/she did not have concurrent loan.

However, in fact, the Defendant was difficult to economically and simultaneously borrow money from a large number of loan companies as stated in Paragraph 1 at the time, and thus, there was no intention or ability to repay the money even if it was borrowed from the victim.

The Defendant, as such, by deceiving the victim, received a remittance of KRW 50 million from the victim to the C bank account as described in paragraph (1) in the name of the Defendant on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Credit transactions;