[Judgment of the court below] The Defendant and the injured party B were in common friendship-friendly relationship, and the Defendant needed living expenses around April 2017, and upon the victim's request to the effect that "it is necessary to obtain loans from the domestic cost of living, and it is not good to credit, so the Defendant would be a joint and several surety." In receiving a loan of approximately KRW 30 million in total from the five lending companies in the location of five locations, the Defendant became a joint and several surety.

【Criminal Facts】

On February 2, 2018, the Defendant made a false statement to the effect that, at the Defendant’s address located in Sinh City, the Defendant called “on the part of the Defendant, who borrowed money from a credit service company, borrowed money with the said money, and then, the Defendant would repay the borrowed money with the loan borrowed from the lending company if the credit rating higher.”

However, at the time, the defendant had been living in the middle of five months at the time, even if he/she had been living in the middle of five months, he/she had the intention or ability to pay the amount normally to the victim, even if he/she had been given the above joint and several debt guaranteed by the victim and he/she again received the loan from the lending company.

Nevertheless, on February 22, 2018, the Defendant, by deceiving the victim as above, had the victim borrow 42.9 million won from the D Bank, and then, acquired 42.8 million won from the victim’s bank account under the name of the Defendant for the purpose of borrowing from the victim on February 23, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. B accusation;

1. A copy of a bankbook and a detailed statement of account transactions;

1. Loan guarantee contract;

1. A credit information inquiry statement;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of Credit Information Inquiry) and a report on investigation (the complainant B and telephone call);

1. Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act concerning criminal facts, the selective sentencing of imprisonment.