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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The defendant is a person who is engaged in daily work.
1. On July 15, 2014, the criminal defendant by means of joint and several surety in the name of the victim: "The principal and interest of the loan shall be paid at a premium in his/her name, and the loan shall be repaid in full after one year." On the same day, the criminal defendant borrowed the victim from a loan company of C, D, and E, with the victim as joint and several surety, five million won each from July 15, 2015, with the victim's receipt of the above documents under the victim's name as joint and several surety, and on the same day, by phone to the victim B, who was aware of the fact that he/she became a joint and several surety, the defendant believed that he/she is not aware of the principal and interest of the victim."
However, the defendant did not have any intention or ability to pay the principal and interest properly due to the lack of clear assets or income at the time.
As above, the Defendant, by deceiving the victim as above, had the victim take advantage of the same amount of monetary benefits by having the victim jointly and severally and severally surety the debt amounting to KRW 15 million borrowed from the said three lending companies.
2. On November 5, 2014, the criminal defendant by deceitation of a victim’s nominal loan means that “on the part of the victim, if he/she takes money to receive a loan under the name of four, he/she will repay all including the loan borrowed jointly and severally guaranteed by four within one year.”
However, the defendant did not have any intention or ability to repay money within the agreed time limit, even if he borrowed money from the victim due to the lack of clear assets or income at the time.
The defendant deceivings the victim as above and is deceiving him.