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 29, 2016, the Defendant filed an application for a loan of KRW 35,000,000 with a person in charge of the name of Hyundai Savings Bank, which was damaged by telephone at the Defendant’s house located in Ansan-si, Dong-si, Seoul, and concluded that the Defendant would normally repay the loan principal under the terms of 12 months.

However, the Defendant received or thought to receive an additional loan from the damaged party at a different place before and after receiving the loan. On the same day, the Defendant received a loan of KRW 116,545,00 in total from five lending companies, such as HK Mutual Savings Bank, K non-deposit Savings Bank, Interest Savings Bank, and Asia Savings Bank, and at the time, there was no intent or ability to repay the loan even if the Defendant received a loan from the damaged party due to economic difficulties, such as having to pay approximately KRW 3,500,000 as principal and interest every month due to its debt, etc.

Accordingly, the defendant deceivings the employees in charge of lending the victim company to transfer KRW 35,000,000 from the victim company for the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on credit transaction, credit transaction agreement, credit information, credit information of Suwon District Court 2016 installments 1013912, credit account inquiry, record of loan examination, record of loan examination, transaction of deposits in each national bank, and the details of transactions in agricultural banks;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act for the observation of protection and observation [the scope of recommendation] In the basic area (from June to one year and six months) (the special sentencing person] (the decision of sentence] (the decision of sentence reaches 35 million won, and the amount of non-payment is also disadvantageous to the defendant.)

However, the defendant's consent to commit the crime of this case.