A defendant shall be punished by imprisonment for six months.

Punishment of the crime

When the Defendant receives a loan of KRW 16 million from a lending company, he/she shall pay the above debt if he/she lends cash to the victim C by taking advantage of the fact that the victim C is under joint and several guarantee and is subject to pressure to repay the above debt.

The purpose of this article was to acquire money by fraud.

On June 24, 2013, the Defendant borrowed the Defendant’s loan of KRW 29 million to the Defendant at E convenience stores in front of the Saemaeul Credit Cooperative in Ansan-si, Dong-si, which is in front of the Saemaul Credit Cooperative. The Defendant will fully repay the Defendant’s loan of the high interest rate that is guaranteed jointly and severally.

“A false representation was made.”

However, at the time, the Defendant lent approximately KRW 15 million to the creditors of the bonds in addition to the above KRW 16 million debt, and even if he was urged to make a significant change from the creditors of the bonds, he was planning to use the above money first for the repayment of the debt with severe debt, so there was no intention or ability to repay the above KRW 16 million debt in full.

Nevertheless, the Defendant, as seen above, was transferred to the Agricultural Cooperative account in his name as a loan borrowed KRW 29 million from the injured party on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigative into a joint and several guarantee contract, credit loan agreement, and transaction details;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general fraud (less than KRW 100 million) and the basic area (from June to one year and six months) (no person who is subject to special sentencing];

2. Determination of sentence recognizes and reflects the instant crime, and partially recovered the amount of damage, such as deposit of KRW 5,150,000 against the victim and full repayment of the principal or interest of the loan.

However, because of this case, the amount of fraud is a small amount, interest on loans to the victim.