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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On April 10, 2015, the Defendant: (a) around April 10, 2015, around April 10, 2015, to obtain a loan of KRW 30 million from a lending company from a lending company to arrange the previous loan of KRW 15 million; and (b) to place a joint and several surety at the time of the month after the month, the Defendant may be placed in the guarantor.
“The purport was to the effect that “.....”
However, in fact, even if the defendant did not have any particular property and received a loan with approximately KRW 2,300,000 from monthly income, he did not have any intent or ability to repay it, and there was no way to exempt the victim from the joint and several liability after the month.
The defendant deceivings the victim as above and caused the victim to obtain a loan of KRW 30 million in total at five places of the lending company, such as D case lending, at around that time, the defendant acquired economic benefits by having the victim obtain joint and several sureties.
2. On May 15, 2015, around May 15, 2015, the Defendant stated to the effect that “Around May 15, 2015, the Defendant received loans from a lending company with a loan of KRW 40 million, and arranged the previous loans of KRW 30,000,000.”
However, in fact, the Defendant did not have the intent or ability to repay the loan even if he received the loan for the foregoing reasons, and was willing to use the loan as gambling funds and living expenses, etc., so there was no intention or ability to repay the previous loan with the money.
The Defendant: (a) by deceiving the victim and allowing the victim to borrow KRW 40 million from the lending company; and (b) obtained the delivery of KRW 38 million from the victim’s account with the name of the Defendant’s name on May 16, 2015 and KRW 38 million on May 17, 2015.
Summary of Evidence
1. Statement by the defendant on the third public trial date;
1. Application of the police statement protocol law to C
1. Article 347(1) of the Criminal Act applicable to the crime and Article 347(1) of the choice of punishment.