A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

[2018 Highest 4681] On December 16, 2013, the Defendant made a false statement to the effect that “The Defendant, at the “C Burial” located in Yangcheon-gu Seoul Metropolitan Government, presented to the victim D a certificate and name of the E Bank’s employment, and sales contract for F apartment G, which is described in the E Bank’s employment, shall be paid up until January 25, 2014,” and “the Defendant, if borrowing KRW 2 million, shall be repaid up to January 25, 2014.”

However, on November 8, 2013, the Defendant, who was withdrawn from the E Bank and was not working for the E Bank at the time, was forged the above certificate of employment. There was no particular income, and there was no other income. In addition, since the personal debt was approximately KRW 900 million, there was no intention or ability to pay interest or pay principal even if he borrowed money from the victim.

Nevertheless, as above, the Defendant, by deceiving the victim as above, entered into a loan transaction agreement with the victim on January 25, 2014 with the loan amount of two million won, interest rate of 39%, and due date of payment, and obtained two million won as the H bank account in the name of the Defendant (I) and acquired it by defrauded.

[2018 Height5375]

1. Around August 2, 2013, the Defendant against the victim J made a false statement that “If the Defendant borrowed KRW 2,925,000 to the victim’s L office operated by Mapo-gu Seoul Metropolitan Government K, the Defendant would repay the total amount of KRW 4,792,500 by November 2, 2013, including the unpaid loans and the principal and interest thereon previously borrowed to the victim.”

However, around that time, the Defendant had a financial institution and an individual debt amounting to KRW 00 million, and at least 10 credit card companies, creditors, etc. applied for seizure or provisional seizure on the Defendant’s salary, etc., and the Defendant paid entertainment expenses, living expenses, etc. to the extent that it is difficult to cope with the Defendant’s income, and prevented the repayment of his/her debt, and even if he/she borrowed the above money from the victim, there was no intention or ability to pay it as promised.

Nevertheless, the Defendant deceivings the victim as above and belongs to it.