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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. Fraud against the victim C - The Defendant did not have any special property and was working as an insurance designer for the insurance. However, our bank had a debt equivalent to KRW 50 million in total, including security loans equivalent to KRW 150,000,000, and debts to bond dealers, etc., and there is a need to pay approximately KRW 700-8,000,000 per month interest, and thus, there was no intention or ability to pay such debt even if the Defendant borrowed money from another person.
Nevertheless, on March 2015, the defendant extended money to the victim C in order to pay off the money to the victim C without paying the money.
The term "abreging a victim by making a false statement, and deceiving the victim on March 25, 2015, he/she was remitted KRW 10 million to the deposit account of a national bank in the name of the defendant on March 25, 2015, and was remitted KRW 20 million to the same account around December 10, 2015.
2. Fraud against victim D - "2016 highest 7048"
A. On June 25, 2014, the Defendant requires 30 million won to the victim’s office located in Gangnam-gu Seoul Metropolitan Government (hereinafter “victim’s office”).
In order to obtain a loan of 30 million won, the principal will be repaid before September 2014, and the interest will also be responsible and paid.
“.........”
However, in fact, the Defendant had already been in excess of the debt amounting to about 63 million won, such as loans, and monthly income was gradually decreased, and there was no other property. Therefore, even if the Defendant received a loan, even before September 2014, the Defendant did not have the intent or ability to make the victim not to actually perform the obligation of joint and several sureties by repaying the principal before September 2014.
Defendant, as above, deceiving the victim and had the victim do so, is jointly and severally liable for the amount of 10 million won from the loan of LLS around June 27, 2014 to the joint and several surety for the loans of 10 million won from LLS loan of LLS Co., Ltd., and for the loans of 10 million won from KONPS loan.