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

Punishment of the crime

On July 27, 2015, at the time when the Defendant borrowed a total of KRW 30 million from a lending company, such as a lending company such as the No.S. pressle section, the Defendant requested the victim C to provide a joint and several surety, and the victim has been jointly and severally guaranteed.

The Defendant called the victim on October 2015 and repaid the amount of KRW 30 million with a joint and several surety loan of KRW 40 million with the money, and he/she shall receive a new loan under his/her name and make a full payment with KRW 40 million within two months.

The phrase “ makes a false statement.”

However, the defendant was thought to use the victim's money to repay the business fund and other debts without the property.

Nevertheless, on November 2, 2015, the defendant deceivings the victim as above and acquired 40 million won from the victim to the foreign exchange bank account (D) of the defendant on November 2, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Partial statement of witness E;

1. Application of Acts and subordinate statutes to the joint and several guarantee transaction contract, copy of passbook, detailed statement of deposit transaction, details of deposit and withdrawal transaction, certificate of debts, and detailed statement of loan transaction;

1. Determination as to the assertion by the relevant Article of the Criminal Act, Article 347(1) of the Criminal Act regarding criminal facts, the Defendant of the choice of imprisonment, and defense counsel

1. The alleged victim remitted 40 million won to the Defendant’s account on November 2, 2015. However, as stated in the facts constituting a crime in the judgment, the Defendant does not have any fact of lending 40 million won by directly phone to the victim, and as such, there was no fact of deceiving the victim and deceiving the money.

2. However, in light of the following circumstances recognized by the legitimate examination of evidence by this Court, even if the Defendant received KRW 40 million from the injured party, he/she shall have the intent or ability to repay the said KRW 40 million to the injured party by the due date by which the injured party has promised to repay the debt jointly and severally guaranteed by the injured party.