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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. Around August 2015, the defrauded, who was established as a joint and several surety, made a false statement to the victim B, stating, “I would like to use company funds inevitably. I would like to lend money to the victim because there was no way to put the company funds into money.” However, as the victim was rejected due to the lack of circumstances from the victim, I would like to say, “I would have to obtain a loan by requiring money. I would be able to obtain a loan at the time of the settlement of joint and several sureties. I would like to know that I would like to know because I would like to receive a monthly wage while attending the workplace
However, in fact, as the Defendant had been unable to pay interest due to a large amount of other debts, it was difficult for the Defendant to obtain additional loans from the lending company, and it was not possible to repay the existing debts with the wage of the workplace where the Defendant was present. Since Park Jong-gu business that the Defendant promoted did not have any specific plan, the victim was concealed even though he did not have the intent or ability to pay the loan normally even if he was given a loan with a joint and several guarantee by the victim.
Around September 2, 2015, the Defendant, by deceiving the victim as above, and taking the victim as joint guarantor, obtained a total of KRW 50,000,000 from C as a joint guarantor by borrowing KRW 10,000 from D Co., Ltd. on the same day, from D Co., Ltd. on the same day, the same amount from E Co., Ltd on September 3, 2015; the same amount from F Co., Ltd. on the same day; the same amount from F Co., Ltd. on the same day; and the same amount from G Co., Ltd. on October 13, 2015; and the same amount from H Co., Ltd. on the same day, and acquired the victim’s financial benefits equivalent to the same amount as joint guarantor.
2. On January 19, 2016, the Defendant made a false statement to the victim that “The Defendant would be able to take charge of the interest on the loan. Any further loan will no longer be made, but will be given a loan under the name of four, and will reduce the fire and make a subsequent repayment.”