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A defendant shall be punished by imprisonment for one year.
Reasons
Criminal facts
"2015 Highest 4593"
1. On March 2015, the Defendant was urged to pay the debt amounting to KRW 400 million, while committing the crime, around 2015, and the Defendant was urged to pay the debt amount, and the Defendant was willing to acquire the money by means of not paying the remainder of the money after taking out a senior fraternity operated by the Victim S.
Accordingly, the Defendant, at the Geumcheon-gu Seoul Metropolitan Council around January 10, 2015, entered into the order of 3,4, and 5 in the limit of KRW 30 million organized and operated by the victim S, and received KRW 2,200,000,000,000 from the victim as if he/she would normally pay 1,4180,000 won (7.90,000 won x 2 times) to the first policeman until March 1, 2015, and would compel the victim by acting as if he/she would normally pay the remainder of payment, and then deceiving the victim by deceiving him/her from the victim on March 7, 2015, KRW 5 million from the victim on March 7, 2015, KRW 1,00,000 on September 1, of the same month, and KRW 7 million on October 10 of the same month.
Accordingly, the Defendant acquired money equivalent to 7.22 million won (2 million won - 1,4180,000 won) from the damaged person.
2. On January 26, 2015, the Defendant received demands from creditors for the repayment of debt and borrowed money to use it as funds for the change of debt. During that process, in order for T to demand a joint and several surety, the Defendant used the money to borrow money from the victim after having the victim stand a joint and several surety.
Accordingly, on January 26, 2015, the Defendant was running by the Defendant in Geumcheon-gu Seoul Metropolitan Government, and there is no problem that “E” should be repaid to the Defendant with the Defendant’s guarantee in the future.
At the same time, the payment guarantee was called as "a letter of credit guarantee."
However, the facts are that the defendant has already been urged to pay 400 million won as stated in paragraph 1, and even if the victim is jointly and severally guaranteed, he did not have the ability or intent to pay the borrowed money in a normal manner.
Nevertheless, there is a need to do so.