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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On March 17, 2015, the Defendant: (a) around the C Fishing Research Institute located in Youngwon-si B, Suwon-si on March 17, 2015, the Defendant: (b) around the victim D, “The mother would need surgery expenses; and (c) the mother would receive a loan due to difficulties in houseing circumstances
In order to obtain a loan, joint and several guarantors need to obtain a loan, and the Defendant said that the joint and several guarantors will pay a loan three to four months after the week of the joint and several guarantee and exclude it from the joint and several guarantors. However, even if the Defendant received a loan, she did not have the intent or ability to use it as the operation expense of her mother, and was a plan to use it in full to repay the
Nevertheless, around March 18, 2015, the Defendant entered into a joint and several surety agreement equivalent to KRW 36 million, the maximum amount of the guaranteed debt, KRW 46,122,000, and the maximum amount of the guaranteed debt, and the Defendant acquired the Defendant’s principal and interest from April 13, 2015 to July 24, 2015, by having the Defendant repay the loan in lieu of the principal and interest of KRW 36,539,539, and KRW 36 million.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of the contract for joint and several guarantee transaction, and the certificate of subrogation performance;
1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, reasons for sentencing of imprisonment [the scope of recommendation] General Fraud / [the sentence] / [decision of sentence] Defendant committed a fraudulent act against the victim who was working for a workplace, as stated in its holding against the victim who was working for the workplace, and the victim suffered a considerable loss due to the Defendant’s criminal act, and it seems that the economic situation is very difficult, damage was not recovered, and the victim was not compensated.