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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. On November 5, 2012, the Defendant’s joint and several liability fraud requires a joint and several guarantor to obtain a loan within the near room of the D hotel room located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, in order to obtain a loan from the victim E because it is difficult to operate the FF Driving Schools project in the inside.
The joint and several sureties made a false statement to the effect that he/she will receive a loan under the name of the head of the week and repay the loan.
However, the facts revealed that the Defendant acquired the said fish farming institute with the money borrowed from financial institutions loans and loan holders, from around October 201, and had been paid out from around KRW 200 million, but on the other hand, since around June 2012, the Defendant continued to pay the said fish farming institute’s wages due to the decrease of originality, etc., and the Defendant was unable to pay the said Plaintiff’s wages normally. In addition, the Defendant did not pay the principal and interest of the existing creditors, including G, as well as the said creditors did not have any particular property, so even if the victim was provided with a joint guarantor, there was no intent or ability to pay the said money.
On November 9, 2012, the Defendant: (a) by deceiving the victim; (b) obtained a loan of KRW 10 million from the North Incheon Saemaul Undong in Gyeyang-gu, Gyeyang-gu, Incheon; and (c) did not change it; (d) thereby, the Defendant obtained a pecuniary benefit equivalent to KRW 10 million, including KRW 9 million around June 26, 2015, and KRW 10 million around October 5, 2015, by allowing the victim to subrogated repayment of KRW 10 million.
2. On November 5, 2012, the Defendant made a false statement to the effect that, within the guest room in the D hotel room in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, the Defendant borrowed money, “I will immediately repay money if I will lend money if I will borrow money for the operation of the LAF because I would have been well in operation of the LAF.”
However, the defendant pays money to the injured party under the circumstances of Paragraph 1.