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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
On November 3, 2017, the Defendant was sentenced to one year of imprisonment for special larceny at the Suwon District Court, and the said judgment became final and conclusive on January 5, 2018.
1. On November 20, 2014, the Defendant: (a) called the victim B by phoneing at a closed place at A.I.S. (hereinafter referred to as “I.S. Simsan”); and (b) “I will pay the money to the victims of Bosphishing by depositing the money in the passbook.” (c) On the face of a joint and several surety for lending money or obtaining a loan from a lending company under the name of four, the Defendant said that the loans are responsible for the payment of the money, and paid in full by installments each month, and the loans jointly and severally and severally guaranteed will be repaid to the lender so that
However, at the time, the Defendant did not have suffered damage from the crime of Bophishing, and there was no special property or fixed income, and attempted to establish a delivery agency, and failed to pay the loan company debts of KRW 600-7 million, corporate debts of KRW 1500 to KRW 16 million, etc., and even if the victim was established and borrowed as a joint and several surety, the Defendant did not have any intent or ability to pay the loan normally.
The Defendant made a false statement as above and obtained a loan of KRW 21 million in total from each of seven loan companies, such as C, D, E, F, G, H, and I ( currently changed to the “J”) in the name of the Defendant at that time under the joint and several guarantee of the victim, and then obtain a loan of KRW 21 million in total from each of seven loan companies.
2. On December 11, 2014, the Defendant: (a) was in excess of the debt amount as described in paragraph (1) and, even if he borrowed money from the victim, he did not have the intent or ability to repay it properly; (b) the Defendant borrowed money from the victim B to the maximum extent possible in the four names; and (c) the Defendant’s corporate bank in the name of the Defendant.