A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On March 3, 2015, the Defendant served as the chief of the “Stock Company D” in the Gyeong-gun, Daegu Gyeong-gun, and had approximately 18 million won incurred from the lending company, and was urged to pay the loan in the name of the Defendant because the Defendant was unable to borrow money due to bad credit. As the victim E, who is an employee of the said company, was unable to find employment due to physical disability of the victim E and the Defendant was able to exercise his influence so that the Defendant could exercise his influence on his/her duties without dismissal, the Defendant attempted to borrow money from the lending company in the name of the victim or to have the victim jointly and severally and severally pay the money by borrowing money from the lending company.

Around March 20, 2015, the Defendant made a false statement to the effect that “the Defendant would be able to urgently pay money, obtain a loan under the name of width, and make a full repayment of principal and interest, thereby preventing damage toponers.”

However, the Defendant was in excess of his/her obligation, as such, due to the fact that he/she was not able to repay the principal and interest of the above debt. The Defendant was thought to use the money borrowed under the victim’s name to repay the principal and interest of the said debt. Since there was no adequate income or special property to repay the principal and interest of the money borrowed under the victim’s name, even if he/she borrowed the money borrowed from the lending company under the victim’s name or put the victim into a joint and several surety, there was no intent or ability to repay the loan to the lending company or the victim.

Nevertheless, the Defendant received various documents necessary for loans, such as the victim’s resident registration certificate, certificate of employment, etc., from the victim, and borrowed KRW 3,000,000 from the “F Co., Ltd.” in the victim’s name, to the post office account in the name of the Defendant.