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A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On January 1, 2017, the Defendant related to joint and several sureties concluded that, at the C office located in Gwangjuyang-si Co., Ltd., Ltd., B, a telephone contact with the victim D and that, “it is necessary to obtain a loan from a lending company in order to obtain money, it is necessary to provide joint and several sureties.”
However, the defendant did not have intention or ability to cancel the joint and several guarantee of the victim, such as repayment of loan obligations within three months or establishment of other joint and several sureties even if the victim was established and borrowed as joint and several sureties as above.
Ultimately, around January 31, 2017, the Defendant: (a) by deceiving the victim as above; (b) caused the victim to borrow 6 million won from E to borrow her joint and several sureties; and (c) from that time, from March 31, 2017 to March 31, 2017, the Defendant provided a total of 33 million won as shown in the list of crimes; and (d) provided the victim with a joint and several sureties with a total of 333 million won as a joint and several sureties, the Defendant established the victim
2. On June 2017, the Defendant was not able to repay the loan granted to the victim D as joint and several sureties, as described in paragraph (1), from the F apartment playground at the Seocho-gu early 2017 Police Officer, and the Defendant was urged by the victim to cancel the joint and several sureties, and, upon receiving demand from the victim, the Defendant made a false statement to the effect that “I will repay the loan first granted if I borrowed KRW 50 million from the loan company in the name of the lender, and then I will receive the loan within the name of the lending company until August 2017.”
However, in fact, the Defendant had no intention or ability to repay the borrowed money to the victim because it is difficult for the Defendant to borrow money from the victim to repay the existing debt due to the fact that it is difficult for the Defendant to repay the borrowed money to the victim.
Ultimately, the Defendant deceivings the victim as above.