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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
Until July 2015, the Defendant was unable to pay the debt amounting to KRW 40,00,000,00, such as loan companies and bonds, due to the absence of any particular occupation or revenue source, and thus, was in arrears and failed to appropriately prepare living expenses. As such, the Defendant received a small amount of loan from those who were in a pro rata relationship with the Defendant at the time as the victim B and C, and used it as a debtor, etc. and used it as a living expenses, etc., by obtaining a small amount of loan from the Defendant as a joint and several liability, again let the said person escape the joint and several liability, or changed the obligation already incurred or the obligation to be borne in the future in the name of the Defendant, and used it as the Defendant’s loan repayment and living expenses.
1. Crimes against the victim B;
A. On July 17, 2015, the Defendant stated to the effect that “E” offices where the victim works for Seongdong-gu Seoul Metropolitan Government D victim referred to as “E,” that “In order to apply for a loan, banking transactions are not easy and thus, if the joint and several liability is avoided, the Defendant will repay the debt without delay, and then will not cause damage, such as changing the debtor to the defendant by means of a loan for exchange.”
However, in fact, even if the defendant had the victim stand joint and several surety for the defendant's loan obligation due to the above circumstances, the defendant did not have the intention or ability to properly repay the obligation.
The Defendant, on the same day, had the victim obtain pecuniary benefits equivalent to KRW 9 million by having the Defendant jointly and severally surety the Defendant’s obligation when borrowing KRW 3 million from “F,” “G,” and KRW 3 million from “H,” which is the lending company.
B. On February 19, 2016, the Defendant: (a) around February 19, 2016, at the places indicated in paragraph (a) of Article 1, the Defendant provided a joint and several surety to the victim with a credit rating of KRW 9 million, which would have been repaid.