A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On March 18, 2016, when the defendant was given a loan of 6 million won at a lending company around March 18, 2016, the victim B was requested to provide a joint and several guarantee and the damaged party provided a joint and several guarantee to the above 6 million won for the defendant.

On March 21, 2016, the Defendant made a false statement with the Defendant’s house located in Busan Dongdong-gu C loan 402, and made a phone call to the victim B to the effect that “In the event that a loan is made by a lending company with a loan borrowed money under the name of four, the Defendant would receive a loan from the lending company with the loan in his/her own name and repay the loan in his/her own name and pay the loan in his/her own name and pay the loan in his/her own amount within three months.”

However, at that time, the Defendant had no special property or occupation but to bear the obligation of a million won in the lending company, etc., and was thought to use the money borrowed from the damaged party for the purpose of the Defendant’s living cost, Internet gambling fund, etc., and did not receive a loan by recovering the credit rating of the Defendant according to the promise, and thus, there was no intention or ability to change it to the victim as agreed even if he borrowed money from the damaged person.

The Defendant, on March 18, 2016, received KRW 42 million from the injured party as the loan money, and acquired the money from the injured party to April 28, 2016 by delivering KRW 44.7 million in total as the loan money from the injured party on five occasions through the aforementioned method from around that time to around April 28, 2016, as shown in the List of Crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the defendant in the first trial record;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement protocol of the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Suspension of execution;