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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. On October 2, 2014, the Defendant concluded that “Around October 2, 2014, the Defendant made a false statement to the victim B, who is an elementary school, at the store located in the Busan So-gu, Busan, that “I wish to obtain a loan due to the need of money, and I wish to establish one guarantor, and there is no damage to the guarantor, so I change the guarantee.”
However, in fact, the Defendant was receiving the amount of 1.4 million won per month, and the financial right debt amounting to KRW 80,000,000,000 per month, there was no intention or ability to repay the principal of the loan even if he received the loan, under the situation where the interest on the monthly loan is in excess of KRW 80,000,000.
The Defendant, by deceiving the victim, obtained the consent for joint and several guarantee from the victim, and around that time, signed and sealed the name of the victim in the joint and several guarantee contract when he applied for a loan of KRW 8 million in the City Capital loan, had the victim bear the obligation of joint and several guarantee amounting to KRW 8 million with all documents on joint and several guarantee provided by the victim, and the Defendant received the loan from the victim, and had the victim bear the obligation of joint and several guarantee amounting to KRW 8 million from that time in the same manner as the list of crimes in the attached Table, and acquired and acquired the pecuniary profit amounting to KRW 40 million.
2. On December 30, 2014, the Defendant would pay the principal and interest to the victim at a location in Busan Franchi, where “In the name of the victim, additional loans should not be granted under the name of thener, so that it does not cause damage to the width.”
“A false representation was made.”
However, in fact, the Defendant was receiving the amount equivalent to KRW 1.4 million every month, and the Defendant was making a loan under the name of the victim, since the interest on each month’s loan exceeds KRW 120 million, including the obligation under Paragraph 1, and the financial rights amounting to approximately KRW 120 million, including the obligation under Paragraph 1.