A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

The Defendant received a loan of KRW 35 million from a lending company, and caused B to bear the joint and several liability, and thereafter, it is difficult to repay the loan in the name of B after obtaining a loan of KRW 42 million, which is difficult for B to repay the loan. In order to resolve the obligation to the lending company, the father of B, to the victim C who is the father of B.

Around December 7, 2016, the Defendant concluded that “If the Defendant borrowed 90,000 won from a loan company to a loan company, the Defendant would repay the obligation to the loan and faithfully perform his/her work, the Defendant would pay 150,000 won per month from February 28, 2017 to June 2024.”

However, even if the victim borrows money from the victim, there was no intention or ability to pay 1.5 million won per month.

The Defendant, by deceiving the victim as above, received KRW 90 million from the victim’s account in the name of B that was designated by the Defendant.

Summary of Evidence

1. Each police suspect interrogation protocol against the accused (includingC substitute interrogation);

1. C’s legal statement;

1. Police suspect interrogation protocol regarding E;

1. Each police statement concerning C and B;

1. The defendant acknowledged that a notarial deed, a loan certificate, and EF association account transaction statement was remitted from the victim, but asserts that he did not have the intent to acquire it at the time of the above loan.

However, according to each evidence of the judgment, although the defendant was living without any special occupation in excess of his/her obligation at the time of the above loan, the defendant stated to the effect that "if the principal and interest are added up to KRW 1,500,000 per month, it shall not be clear to repay the loan by making the substitute driving work, etc.," the defendant's identity as a joint and several surety who is a basic living beneficiary was created and decided by the notarial deed, he/she borrowed money as stated above. However, the defendant paid the money by doing work, etc. as stated above.