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A defendant shall be punished by imprisonment for not less than nine months.
Reasons
Punishment of the crime
On November 15, 2011, the Defendant made a false statement to the victim D, who was known to the general public, at a coffee shop in Gangseo-gu Seoul, Seoul, and the Defendant’s “C” operated by the Defendant, that “In order to obtain a loan from the future savings bank due to the loan of the workplace, the Defendant shall pay the joint and several sureties a monthly fee of KRW 500,000 or KRW 100,000,000 per share, and if he/she is unable to repay, he/she may dispose of the loan.”
However, the defendant did not have been promoted at the time, and he tried to gambling with the victim as a joint guarantor by obtaining a loan of KRW 40 million from the future savings bank. However, if he loses the above money in gambling, he did not have any intention or ability to repay the money to the bank.
The Defendant, by deceiving the victim, had the victim take advantage of joint and several sureties (guarantee limit amount to 56 million won) for the Defendant’s obligation to the future Savings Bank, and obtained property benefits by borrowing KRW 40 million from the future Savings Bank, a stock company, future Savings Bank.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the prosecution concerning D;
1. Application of Acts and subordinate statutes concerning D police statements;
1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) of the Criminal Act, Article 347(1) of the choice of punishment, the defendant used money borrowed under the victim’s joint and several sureties, and then changed the name of the restaurant it operated to another person to avoid liability for the repayment of debts until now, and the defendant did not take any specific measures to pay debts until now, and the defendant has a record of being issued a summary order of KRW 5 million as a crime of fraud on November 24, 2004, and the circumstances, means, methods, results, etc. of the crime of this case shall be determined as per the order.
It is so ordered as per Disposition for the reasons above.