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

except that 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 21, 2016, the Defendant applied for a loan of the Public Procurement Service to the loan manager at the actual branch of the Busan Bank Co., Ltd. located at the time of Kimhae-si on April 21, 2016, stating that “The Defendant entered into a supply contract with the Public Procurement Service and the Army unit 1,000-type supply contract, is expected to supply the goods on July 1, 2016, and will repay the loan from the Public Procurement Service as the price for the goods after purchasing the goods with the loan and delivering them to the Public Procurement Service.”

However, in fact, the defendant only thought that he would repay the existing loan with the above loan and use it as the operating fund because it is difficult to operate the company, and he did not think that he would purchase goods with the loan and deliver it to the Public Procurement Service, and there was no intention or ability to repay the loan due to the lack of any specific assets.

Ultimately, the Defendant, as above, by deceiving the victim as above, obtained a loan of KRW 156,00,000 from the victim around May 10, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] General Fraud (at least KRW 100,000, less than KRW 500,000). In the case where punishment is not granted or considerable damage is recovered from mitigation area (from October to February 6), the sentence shall be determined as per the Disposition, taking into account the following circumstances, which are the conditions for the sentencing indicated in the records of this case, such as the age, character and conduct, family relation, family environment, motive and means of the crime, and circumstances after the crime.

Unfavorable circumstances: The circumstances in which the amount of damage is not high: The fact that the victim has agreed with, and the fact that there is no other criminal records other than the three times of fine.