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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
"2019 Highest 558"
1. Fraud;
A. On June 18, 2013, the Defendant, who committed the crime against the victim B, called the phone to the victim, who is the former workplace volunteer in the C Apartment Co. D, Chungcheongnam-si, Chungcheongnam-si, and provided a phone to the victim, who is a staff member of the workplace.
“A false statement” was made.
However, the defendant did not have any special property or fixed income at the time, and even if he borrowed money from the injured party due to financial difficulties even though he did not meet the living expenses due to a large amount of expenditure, he did not have the intention or ability to repay it.
Nevertheless, the Defendant, as seen above, deceiving the victim and received an expression equivalent to KRW 14,600 from the victim on the same day, and acquired the total amount of KRW 5,68,960 through 26 times by May 29, 2017, such as the list of crimes in attached Form 26.
B. On December 21, 2015, the Defendant committing the crime against the victim E ought to establish a guarantee to the victim by using Kakakao Stockholm message and telephone in the Defendant’s residence located in Haju-si F.
In order to obtain a loan from a lending company, joint and several sureties shall be responsible and repaid so that they do not have any damage.
“A false statement” was made.
However, in fact, the defendant did not have any special property or fixed income at the time, and even if the victim was established as a joint guarantor and received a loan due to financial difficulties even though he did not meet the living expenses, he did not have the intent or ability to pay the principal and interest of the loan normally.
Nevertheless, on December 22, 2015, the Defendant: (a) by deceiving the victim and making the victim jointly and severally as a guarantor; and (b) by obtaining loans from four lending companies, such as G, H, I, and J in total of KRW 12 million each; and (c) by having the victim bear the joint and several liability obligations for each of the above loans.