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Defendants shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. At around August 18, 2016, the Defendants conspiredd to the effect that “The Defendants shall receive a loan from the lending company due to the necessity of the money to be used rapidly as company operating funds” from the victim E at the D office operated by the Defendants in Ansan-si, Seoul-si, the Defendants made a false statement to the effect that “The Defendants would release the guarantee in time because there is money deposited after the lapse of three days.”
However, even if the Defendants received a loan, they did not think that they will be used for the company operation fund, and they did not have any intent or ability to terminate the joint and several sureties even if the Defendants jointly and severally guaranteed a loan equivalent to KRW 100 million in the second financial right, etc. at the time, and it is difficult for the Defendants to operate the D Company.
On August 18, 2016, the Defendants, by deceiving the victim as above, obtained a total of KRW 40 million, including KRW 7 million from the Fund in charge of the settlement of disputes, KRW 7 million from the G Co., Ltd., KRW 5 million from H Co., Ltd., KRW 7 million from the J Co., Ltd., KRW 7 million from the J, and KRW 7 million from the K Co., Ltd., and KRW 7 million from the K Co., Ltd. on August 19, 2016, and had the victim obtain a joint and several guarantee.
2. On August 24, 2016, the Defendants made a false statement to the effect that “The Defendants urged the termination of the said joint and several sureties at the D Office operated by the Defendants in Ansan-si, Seoul-si to the extent that there is a method. If the Defendants borrowed money in the future, they would repay the borrowed money in front of the borrowed money and the joint and several sureties will be repaid with the borrowed money, and the amount equivalent to 40 million won out of the borrowed money received from the Customer with the interest rate on the joint and several sureties, and the remaining amount will be paid to the lender in the future.”
However, even if the Defendants borrowed money from the victim, they did not think that they would be able to repay the loans jointly and severally guaranteed by the victim, and there is a debt equivalent to KRW 100 million at the time of the second financial right, etc.