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

Punishment of the crime

On May 17, 2018, the Defendant was sentenced to a suspended sentence of two years for one year by imprisonment with prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, larceny, or a violation of the Guarantee of Automobile Accident Compensation Act, and the said judgment became final and conclusive around that time.

The defendant is a person who has no certain occupation and is in the same middle school relationship with the victim B.

On February 17, 2016, at the Jeju City hotel, the Defendant called the victim’s telephone and received a loan due to excessive difficulty in paying, and thus, it is necessary to confirm the third party’s representative attending the workplace with four insurance units.” However, the Defendant confirmed that the Defendant’s guarantee for the loan to be received by the Defendant was difficult, and the victim made a false statement to the effect that “the name of the lender is changed within the name of the lender two to three months after the receipt of the loan in four names.”

However, even if the Defendant was granted a loan borrowed under the name of the victim, the Defendant did not have a plan to repay the Defendant’s parents’ debts, was planned to repay the Defendant’s debts or to use the Defendant’s living expenses. It was also unclear whether the Defendant could change the name of the lender to the Defendant within two to three months, and there was a small monthly wage at the time, and there was no intention or ability to repay the loan granted under the name of the victim because there was a financial difficulty due to the obligation of the loan of a million won.

The Defendant, by deceiving the victim as above, had the victim borrow a total of KRW 74 million from seven banks, such as D Bank, around February 18, 2016, and received a total of KRW 52 million from the victim’s account (F) to February 19, 2016, and received KRW 22 million from the Defendant’s post office account (G) on February 18, 2016, respectively, from the same date to February 19, 2016, to transfer KRW 74 million.

Summary of Evidence

1. The defendant's legal statement; 1.1.