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A defendant shall be punished by imprisonment for two years.
Reasons
Criminal facts
1. On February 11, 2015, the Defendant: (a) around early February 11, 2015, the Defendant: (b) obtained a loan of KRW 3 million from a lending company by telephone from the victim C, who was a senior high school, in a Buddhist area of not more than Seoul Police Officer (Seoul) on February 2, 2015; and (c) obtained a loan of KRW 3 million from the lending company due to the need to pay the loan on the face
“.......”
However, at the time of fact, the Defendant did not have any particular income by closing his/her workplace on December 2014, and without any special property, bears interest of at least 2 million won per month in excess of 50 million won per month. As such, the Defendant was willing to repay the existing debt by means of lending money from the lending company. Therefore, even if the victim was jointly and severally a guarantor, the Defendant did not have any ability or intent to fully repay the loan from the lending company.
Nevertheless, the Defendant, by deceiving the victim as such, caused the victim to obtain a loan of 3 million won from "D" around February 11, 2015 by the Defendant, thereby causing damage to the joint and several surety liability equivalent to the above amount by having the Defendant be jointly and severally liable for the above loan obligations, and the Defendant acquired financial benefits equivalent to the above amount.
2. On March 17, 2015, the Defendant was guilty of fraud at any place in Seoul Police Officer around March 17, 2015, and the Defendant obtained additional loans by telephone from the victim at any place in Seoul Police Officer around March 2015. However, the Defendant would not cause damage by paying the loans on the face of the joint and several sureties.
“.......”
However, the defendant did not have the ability or intent to pay the above loan properly for the same reason as Paragraph 1, even if he/she received the loan from the lending company with the victim as a joint guarantor.
Nevertheless, the Defendant deceivings the victim as such and caused the victim to do so, and up to three million won from the “E” by the Defendant around March 17, 2015.