A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant was aware of the victim C and smartphone display, and the defendant was granted a loan of 45 million won to the victim on March 2013. Since the joint and several surety is necessary, the victim was requested to become a joint and several surety, and the victim became a joint and several surety for the above debt of the defendant.

After that, on July 5, 2013, the Defendant made a false statement to the victim on July 5, 2013 that “The Defendant would terminate the joint and several guarantee promptly. On the other hand, the Defendant would terminate the loan first on the face of the Plaintiff who received the loan under the name of four, and will terminate the D's joint and several guarantee by repaying the loan first on the face of the Plaintiff.”

However, the defendant had no particular income, and even if he has already received money from the victim due to excessive debts, he intended to use it for the repayment of other debts, and the victim did not cancel the joint and several guarantee of the victim or to succeed to the loan under the name of the victim.

Nevertheless, the Defendant, as above, received KRW 23,994,00 from the victim to the D Account in the name of the Defendant under the name of the Defendant as a loan from the victim and received KRW 23,94,00 from the victim to the D Account in the name of the bank under the name of the Defendant, and received a total of KRW 45,990,700 from April 29, 2014, as shown in the attached crime list

Accordingly, the defendant, by deceiving the victim, acquired financial benefits from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. Application of the Acts and subordinate statutes concerning details of transactions, loan transaction contracts, loan contracts, and account transaction;

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment (including, but not limited to, No. 1 through 4 a year of sight of crime);

1. Reasons for sentencing under Articles 37, 38 (1) 2 and 50 of the Criminal Act among concurrent crimes;

1.(Scope of Recommendation) General Frauds: Type 1 (less than KRW 100,00) is the basic area (from June to June).