A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant: (a) around December 2016, the victim B was able to be a guarantor; (b) the Defendant provided a loan of KRW 11 million from the lending companies, such as C, D, C, and C, and C, and C, and C, but the victim was unable to pay the loan, and the victim was urged to pay the guaranteed loan from the said lending companies; (c) around February 7, 2017, the Defendant would recover the credit of the Defendant’s loans from the financial institutions and repay the amount of KRW 20 million within one week after receiving the loan from the financial institutions.

The phrase “ makes a false statement.”

However, even if the Defendant received the above KRW 20 million, it was an intention to use it as separate bond repayment and living expenses, and there was no intention to use it for the full repayment of guaranteed debts by the victim. At the time of borrowing the above KRW 11 million, the Defendant had been unable to perform the loan as a guarantor because it was difficult for the Defendant to do so due to the Defendant’s credit standing alone. Thus, even if the existing loan amounting to KRW 11 million was fully repaid, the Defendant was immediately unable to obtain the loan from other financial institutions and repay the above KRW 20 million.

Nevertheless, the defendant received 20 million won from the damaged person to the Agricultural Cooperative Account under the name of the defendant for the same day as the loan money, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of account details, and copies of passbooks and Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 25 (1) 1, Article 31 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. Reasons for sentencing under Article 31 (3) of the Act on Special Cases concerning the Facilitating Lawsuits, etc. of Provisional Payment Order;

1. Application of the sentencing criteria [the scope of the recommended punishment] General Fraud (less than KRW 100 million) in the basic area (from June to one year and six months) (the person who is subject to special sentencing)

2. The defendant shall be sentenced to a sentence;