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

Punishment of the crime

On November 29, 2018, the Defendant was sentenced to the suspension of the execution of 8 months for violating the Electronic Financial Transactions Act from the Daejeon District Court’s Support on the grounds of the violation of the Electronic Financial Transactions Act, and the said judgment became final and conclusive on December 7, 2018.

1. On November 2016, the Defendant made a false statement to the effect that, within five days, the Defendant would change the name of the debtor of the loan, if he/she lent KRW 84 million to the victim C in his/her own name in the Seo-gu B building in Seocho-gu, Seocheon-gu, 2016. As the domestic source of revenue of KRW 7.5 million per month from the operation of rice house and restaurant, even if he/she did not change the name of the debtor in his/her own name, he/she may discharge his/her obligations sufficiently. D is guaranteed by D, and D is not at issue because it has a sufficient economic ability because it owns the building.”

However, at the time, the Defendant was liable for a large amount of money such as gambling debts, while the property or income was almost nonexistent, and there was no intention or ability to repay the borrowed money under the name of the debtor of the loan, or there was no intention or ability to repay the borrowed money. D, which was carried out as the guarantor, did not own the building, and there was no economic ability as the guarantor.

The Defendant, by deceiving the victim as above, had the victim borrow KRW 83,96,00 from November 16, 2016 to November 17, 2016, the lending company borrowed KRW 83,96,00 from the lending company, and received KRW 83,96,00 from the victim to the account of community credit cooperatives in the name of the Defendant on November 17, 2016.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

2. On November 17, 2016, the Defendant made a false statement to the effect that, in F, the victim D operated by the victim D in the Gangnam-gu Seoul Special Metropolitan City, Yong-gu, the Defendant gave the victim a loan to B with the loan of KRW 84 million, and thus, the Defendant guaranteed the Defendant’s obligation. Within 5 days, the Defendant’s guarantee is to change the debtor’s name in the name within C, and even if it is guaranteed, the guarantor is not at all at issue.

(b).