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A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, while operating “D”, a contracting company of the Dispute Resolution Co., Ltd., working for the victim B, was a joint guarantor around January 10, 2015, and was granted a loan worth KRW 30 million from an influent loan company by designating the victim as a joint guarantor.
1. Around January 22, 2015, when the Defendant borrowed the victim with a high interest rate of loans from January 10, 2015 to the victim as joint and several sureties-gu, Incheon Metropolitan City (“Seoul”) around January 22, 2015, with loans of KRW 55 million from another lending company in the name of the victim and the victim is a joint and several sureties, the Defendant would use the loan to pay the existing amount of KRW 30 million, and pay the remainder of KRW 25 million in full after two months after he/she individually uses the loan amount of KRW 50 million.
“Along with the fact that the Defendant received the above loans from the victim and paid the value-added tax incurred from the operation of the said “D,” and did not have any intent or ability to repay the outstanding amount to the customer, even if the Defendant did not have any property or income in the name of the Defendant, as well as any specific income, and thus, received the money under the above name from the victim. The Defendant, by deceiving the victim as above, received the money from the victim for the purpose of borrowing KRW 5 million from the victim at the end of May 4, 2015. On June 4, 2015, the Defendant made a false statement to the effect that, if the Defendant borrowed KRW 15 million from the victim around June 2015, 205, the Defendant was to receive KRW 100 million from the victim.”
However, in fact, the Defendant did not hold a claim equivalent to KRW 100 million against another person, and not only did it bear a debt equivalent to KRW 85 million at the time, but also did not have any property or income in the name of the Defendant, and even if it did not receive money from the victim under the above pretext.