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

Punishment of the crime

The Defendant was a person in charge of the management of the sales staff in the stateB who supplied money to discount stores, etc., and the victim C was dispatched from the said company and was employed as a sales staff of Home Pers D stores. The Defendant, by deceiving the victim to the effect that “the Defendant shall grant the victim one million won and one million won as the recipient of the loan from the company for the purpose of receiving the money to be used as the fund,” thereby allowing the victim to stand a joint and several surety under a loan contract or getting the borrower to obtain the loan from the lender.”

1. On January 16, 2014, the Defendant called “a company may obtain a loan of KRW 100 million per year from a company through a second financial right and a lending company in the following year: (a) the Defendant shall obtain a loan of KRW 100 million from the company because he/she did not receive KRW 80 million in the following year; (b) the Defendant shall obtain a loan of KRW 20 million in the following year; (c) the Defendant may obtain a loan of KRW 100 million in the face of a joint and several surety; (d) the Defendant may obtain a loan of KRW 80 million in the following year; and (e) the amount of a joint and several surety may obtain a balance of KRW 100 million in the company; (e) the Defendant shall also provide a security at the company; and (e) shall pay all the loans

However, the defendant did not provide a security to a lending company because he/she had paid a personal debt or thought that he/she will use a loan as a living expense. At the time, the defendant did not have an intention or ability to pay a loan even if he/she had a joint and several guarantee, because he/she had a debt amounting to 40 million won without any particular property.

Nevertheless, on January 16, 2016, the Defendant deceiving the victim and caused the victim to stand joint and several surety under a loan contract between the lending company and the Defendant, and received the amount equivalent to KRW 20 million from the said lending company, which was paid KRW 13 million from the said lending company, and did not pay the remainder of KRW 7 million.