A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Around October 2011, the Defendant found the victim C in the Gangnam-gu Hyundai department store D's department store, Gangnam-gu, Seoul, where the victim C was working, and provided the victim with a false statement that "Around October 201, the Defendant would be able to obtain a loan from the lending company by urgently needed money for the operation of cosmetics."

However, in fact, the defendant had a debt equivalent to about KRW 100 million at the time, and there was no particular property or income, and even if he/she had a joint and several surety, he/she did not have an intention or ability to pay the loan normally.

The Defendant, at around that time, had the victim stand a joint and several surety for the lending company 7 companies (Y&AD partnership loan, Ebscamba loan, ebrica loan, future cream loan, loan for large-scale, savings bank, and so on) at least 31 million won borrowed from the lending company, and did not pay 29 million won to the victim with full payment of 29 million won.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Investigation reports (Attachment of judgment of the same kind of crime);

1. The judgment of the court below, such as a certificate of subrogation (based on the above evidence: the defendant started the cosmetics business on May 2008 and made a significant sales first half of the year after commencement of the cosmetics business, but the sales was reduced rapidly due to the circumstances such as the decrease in the number of customers, etc., and accordingly, the rapid increase in the amount of debts is recognized. (In addition to this case, the defendant borrowed 40 million won from E as a fund for purchase of cosmetics from E, but was convicted of fraud, and the above judgment became final and conclusive, and even at the time of borrowing the above money from E, the amount of debts of the defendant was already 100 million won.

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