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A defendant shall be punished by imprisonment for six 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
1. In order to purchase real estate in Gyeonggi-si on April 17, 2015, when the Defendant borrowed money from the victim D through several occasions, the Defendant borrowed the Defendant as the principal debtor, the victim as the joint guarantor, and the victim borrowed KRW 85 million from the nine lending companies, and the Defendant intended to repay the loan from the other lending companies on April 17, 2015.
Around June 2015, the Defendant called the victim’s phone at the 4-dong of Dongdaemun-gu Seoul Dongdaemun-gu, Dongdaemun-gu, Seoul, stating that “A loan with additional loans of KRW 34.5 million in the victim’s name shall be repaid in total with the loans of KRW 50 million borrowed in the victim’s name, as of April 17, 2015.”
However, the Defendant was unable to obtain a loan of KRW 50 million in the name of the Defendant, and even if he borrowed money from the victim, he did not have the intent or ability to repay the loan to the lending company on April 17, 2015.
Around June 11, 2015, the Defendant, by deceiving the victim as such, received KRW 20 million from the Defendant’s single bank account as the borrowed money, and around June 12, 2015, issued KRW 14.5 million to the Defendant’s single bank account under the same name.
2. On June 2015, the Defendant sought to borrow money from D as above. D demanded that the Defendant produce to the Defendant a certificate of full payment proving that a part of the debt owed on April 17, 2015 was repaid. As such, the Defendant was unaware of the certificate of full payment obtained from the lending brokerage company even though the Defendant did not have paid the debt owed to the lending company on April 17, 2015.
On June 9, 2015, the Defendant used a computer program in Korean language in the form of a certificate of full payment delivered by a loan broker through e-mail at the F office located in the first floor in Gwanak-gu in Seoul Special Metropolitan City: The above person is a monetary loan for the loan of KRW 0 million, which was concluded with a financial company on April 17, 2015.