A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

At around 11:00 on February 26, 2016, the Defendant made a false statement to the victim D’s “C” office of the Defendant’s operation of the Defendant located in Yeongsan-gu, Seoul Special Metropolitan City, with a high interest rate, which would reduce the interest rate if the Defendant received a loan from the lending company and repaid the loan from the lending company. Although the Defendant received a loan from the lending company, if the domestic and foreign joint and several sureties is 30 minutes, it would be possible to see whether the liability of the joint and several sureties is extinguished if it is 30 minutes.”

However, the Defendant was thought to use the above loan as the test cost related to the clothing sales business that was currently being open at the time. At that time, the Defendant had no particular property and bears approximately KRW 50 million, and is economically difficult for the victim to obtain the loan with joint and several sureties, so the Defendant did not have the intent or ability to repay the loan even if the victim received the loan with the joint and several sureties, and there was no intention or ability to extinguish the victim's joint and several sureties liability.

As such, the Defendant, by deceiving the victim, had the victim enter the lending enterprise in five places including E Co., Ltd. on the same day as a joint and several surety for the loans worth KRW 58 million, and received the loans and acquired the pecuniary profits equivalent to the same amount.

Summary of Evidence

1. The police suspect interrogation protocol on the defendant's partial statement;

1. Statement made to D by the police;

1. The defendant alleged that the defendant did not deceiving the victim. However, according to the evidence above, the defendant was unable to obtain the loan without the joint guarantor, and the victim requested to disclose the guarantee to the joint guarantor after 30 minutes of the letter of guarantee, and the fact that the defendant obtained the loan from the victim's guarantee and acquired the pecuniary profit is recognized. Thus, the defendant deceivings the victim.