A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On August 7, 2013, around 19:08, the Defendant prepared a letter of undertaking to obtain loans of KRW 25 million from the victim company within the vehicle in B, a staff member in charge of lending three life, in the future of the victim (the state) who was parked in front of the Sinsan National University located in the Sinsan National University located in the U.S. M., M., M. (U.S.) in the north-do, U.S. (U.K.). Moreover, the Defendant signed a letter of undertaking to immediately repay the loans in the event the Defendant borrowed the loans from another financial institution from five days before the date of receiving the loans from the victim company to fifteen days after the loan from the victim company.

However, the Defendant was granted loans of KRW 30,000,000 from the Korea Standards Bank on the day on which the letter of undertaking was prepared, and then borrowed KRW 25,000,000 from the Bank on August 8, 2013, and KRW 8,644,00 from the HK Mutual Savings Bank on the following day. The Defendant was liable for a large amount of debt at the time, while there was no particular asset at the time, there was no intention or ability to repay the loans from the victim company.

Nevertheless, on August 8, 2013, the Defendant received KRW 25 million from the victim company to the bank account with his own name around August 8, 2013.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. An application for loan transactions, an agreement on loan transactions, and a letter of undertaking;

1. Application of Acts and subordinate statutes for inquiry into credit information;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The basic area (from June to June) of the sentencing criteria [the scope of the recommended punishment] and the basic area (from June to June) of the type No. 1 of the general fraud (the scope of the recommended punishment is less than KRW 100 million) (the person who has no special sentencing seal);

2. Determination of sentence: The amount of six months of imprisonment with prison labor, the amount of two years of suspended sentence is not small, the amount of loans has not reached an agreement with the victim, and the portion which has not been recovered from damage is disadvantageous, such as the amount equivalent thereto.