(영문) 서울중앙지방법원 2015.10.15 2015고단1695

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(영문) 서울중앙지방법원 2015.10.15 2015고단1695

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Defendants shall be punished by imprisonment for up to eight months.

However, for two years from the date this judgment became final and conclusive against the Defendants.

Reasons

Punishment of the crime

The Defendants are married, and the victims E are the students of Defendant B and high school.

In the absence of living expenses, the Defendants conspired to establish a guarantee to receive a loan, even if they were to obtain a loan by setting up the victim as the guarantor and have no intent or ability to pay the loan properly.

1. On February 10, 2013, Defendant B made a false statement to the victim E that “I will receive a guarantee from the west-to-face loan and repay other loans, and receive an additional loan if the credit is good,” and Defendant A made a false statement to the victim that “I will not know about the repayment of the loan if I would receive a loan from the victim.”

However, in fact, the Defendants had no intention or ability to repay the loans because they had already been given the loans with the victim's guarantee even if they had already been given the loans, there was almost no money remaining, and there was no additional loan in other places.

Nevertheless, the Defendants conspired to induce the victim as above and let the victim stand joint and several surety for the Defendants’ loan obligations, and each of them took out KRW 3,000,000,000,000 from the On-site Savings Bank, the Sejong Savings Bank, the Jeju Savings Bank, and the Jeju Mutual Savings Bank on February 10, 2013, and KRW 3,00,000,000 from February 13, 2013, and KRW 4,00,000,000 from the (ju), and KRW 3,00,00,000,000 from the (ju), Taesan Loan, and Taesan Loan, and KRW 3,00,00,00 from March 11, 2013, and each of them bears the guaranteed obligations to the victim.

2. As stated in the above paragraph (1) of the Defendants, the Defendants stated that “if a loan is granted to the victims because the amount of the loan to be repaid falls short of the amount to be repaid, if the loan is not granted, the guaranteed obligation will be settled first.”

However, in fact, the Defendants may borrow money from the victims in excess of their obligations.

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