A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On March 24, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Electronic Financial Transactions Act on the part of the source of means of revenue and expenditure, and on April 1, 2017, the Defendant was sentenced to a suspended sentence of two years for a violation of the Electronic Financial Transactions Act.

On January 9, 2017, the Defendant stated that the Defendant would receive a loan of KRW 40 million in the name of the victim [the victim], and then receive a loan of KRW 40 million in the name of the business operator in the name of the business operator within three months after the principal is paid in the charging suit for the operation of the victim C, which is located in Sinju-si B.

However, in fact, around August 10, 2016, the Defendant had a large number of existing liabilities, such as loans extended in the name of the victim around September 7, 2016, and loans extended in the name of the victim around November 2, 2016, including loans of KRW 12 million, which were extended in the name of the victim around September 7, 2016, and additional loans were difficult due to the delay in repayment of the obligations. Since it was difficult for the Defendant to settle the obligations solely with the income of the victim, there was no intention or ability to repay the loans even if the Defendant received loans in the name of the victim.

Around January 9, 2017, the Defendant, by deceiving the said victim, had the victim obtain a loan of KRW 30 million,000,000 from the Busan and the Loan Company, and KRW 40,000,000,000 from the Korea Stock Savings Bank around January 10, 2017, and had the Defendant obtain a pecuniary benefit equivalent to the said loan by having the Defendant repay the Defendant’s existing loan obligations with the said money.

Summary of Evidence

1. Statement by the defendant in court;

1. C Complaints;

1. A certificate of borrowing money;

1. Loan transaction contract (C), credit transaction agreement (C);

1. Revocation of a complaint;

1. The inquiry report;

1. Application of statutes (referred to as Written Decision 2016 High Court Order 1583)

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the time limit for sentencing; (b) the scale of damage; and (c) the victim is the defendant.