A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[2017 Highest 253]

1. The Defendant was guilty of KRW 25 million and the Defendant was not aware of the Seo-gu Daejeon, Daejeon on February 2, 2016, to the victim C (32 tax) at a place where the Defendant could not know the Seo-gu, Daejeon (32 tax).

The five military loan companies provided a false statement that “The amount of KRW 25 million shall be KRW 5 million to the loan companies shall be 5 million,” and the joint and several surety was changed.

However, since the business has not run normally at the time of fact, even if the victim receives the loan after having the joint and several sureties, there was no intention or ability to pay the loan properly.

On February 4, 2016, the Defendant enticed the victim as such, and caused the victim to stand a joint and several surety for each amount of KRW 5 million from (i) future cream loan, (ii) non-com loan, (iii) cench loan, (iv) cench loan, and (iv) safety loan.

Accordingly, the Defendant acquired a total of KRW 25,000,000 property interest.

2. On June 2016, the Defendant concluded that “The Defendant, at a place where it is difficult to know the Seo-gu, Seo-gu, Daejeon (Seoul) around June 2016, the Defendant borrowed the Defendant a loan as it is necessary to carry out a new business, and there is a need to receive the loan. Accordingly, the Defendant would repay the loan within one to three months.”

However, since the business was not normally run at the time of fact, even if the victim borrowed money, there was no intention or ability to pay the borrowed money properly.

The Defendant, as such, by deceiving the victim, received KRW 40,00,000 from the victim on June 3, 2016 to the Korean bank account with the name of the Defendant, and KRW 5,00,000,000 to the above account around June 7, 2016, and KRW 5,00,000 to the Agricultural Cooperative account under the name of the Defendant around October 18, 2016.

Accordingly, the defendant acquired a total of 50,000,000 won by fraud.

[2017 Highest 2618] The Defendant, on November 1, 2016, at the E hotel office located adjacent to the E hotel D in Hamju City on November 2016, to the victim (n, 51 years old) representative G (n, 51 years old) (n, 51 years old).