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A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
Punishment of the crime
[criminal record] On August 24, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for occupational embezzlement in the Daejeon District Court’s Branch of the Daejeon District Court on September 1, 2017 and the said judgment became final and conclusive on September 1, 2017.
[2] On November 1, 2013, the Defendant stated to the effect that “The Defendant would repay a loan within three days from a week to a loan company, as the Defendant’s employees in Nam-gu, Nam-gu, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City Development Bank”) paid a loan to the victim E, who is a partner of the Dong-gu, Seoul Special Metropolitan City, for a direct loan from the loan company, or for a guarantee to receive a loan.”
However, as the financial situation has deteriorated due to a large amount of debt burden, etc., the Defendant collected from customers from January 2013 to December 2013, 2013, and thus, intended to use at least KRW 20 million for personal debt repayment, etc., even if he/she received a loan from the lending company, he/she did not have any intent or ability to repay the loan within the nearest time.
Around December 12, 2013, the Defendant: (a) by deceiving the victim; (b) caused the victim to enter into a loan agreement of KRW 5,00,000,000 with the joint guarantor of the investment trust agreement; and (c) C&B received KRW 5,00,000 from the investment loan administrator; and (b) caused the victim to jointly and severally guarantee a loan of KRW 31,00,000,000,000 from around that time to December 23, 2013; and (c) required the victim to transfer the loan to a deposit account in the name of the Defendant or a deposit account used by the Defendant introduced by the Defendant.
Summary of Evidence
1. Entry of a defendant in part in the protocol of second public trial;
1. Statement and written statement of the suspect examination of the accused;
1. Legal statement of E;
1. A criminal investigation report (in the case of a loan transaction contract which is the complainant), a criminal investigation report (in the case of a case of a separate type of business embezzlement), or a suspect examination report.