A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

On December 2, 2003, the Defendant borrowed KRW 40 million from the victim B on and before May 2, 2004, and agreed to pay KRW 20 million up to May 2, 2004, but did not pay the remainder of KRW 20 million until July 2, 2004. However, the Defendant did not pay the debt with the intention to pay the debt. When the Defendant continued to demand the victim to pay the debt, the Defendant did not prepare a new loan certificate with the new repayment period and did not receive a grace period until the repayment period.

On April 30, 2011, the Defendant, at the home of the victim, who was in the city of South Korea around April 30, 201, would have to pay the victim installment savings or to perform funeral services even before December 30, 201.

“The phrase “ was false.”

However, at the time of fact, the Defendant did not have any intention or ability to repay the obligation until December 30, 201, even if the due date is postponed by December 30, 201, since the Defendant reached KRW 50 million, and was on the multi-face operated by the branch, and most of the Defendant received benefits of KRW 1 million per month and appropriated it as living expenses.

Nevertheless, the Defendant prepared and issued a certificate of borrowing that “the Defendant would repay 40 million won to the victim until December 30, 2011,” and acquired the pecuniary benefits that was deferred from the victim until December 30, 2011.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. A protocol concerning the examination of the suspect of the accused;

1. Statement made by the police with regard to B;

1. Application of Acts and subordinate statutes to each borrowing instrument and credit report for public institutions;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter “reasons for sentencing”)

1. The scope of punishment by law: One month to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of fraudulent offenses] shall be KRW 100 million in general.