Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On March 23, 2017, the Defendant made a false statement to the victim D, “A logistics warehouse office located in Gwangju-si, Gwangju-si, would have to obtain a loan due to the necessity of business funds, and will have no damage by paying the joint and several sureties loan without framework. Since the joint and several sureties system ceases to exist on April 2017, the Defendant will not be liable for the guarantee even if the joint and several sureties system ceases to exist.”
However, in fact, even if the defendant did not have any special property or income at the time and received a loan by having the victim stand joint and several sureties, he did not have the intention or ability to repay it, and the victim did not assume the responsibility for joint and several sureties due to the absence of the joint
On March 23, 2017, the Defendant: (a) by deceiving the victim; (b) obtained a loan of KRW 5 million from E by a credit business company; (c) caused the victim to stand a joint and several surety; and (d) caused the victim to pay the loan by the due date; and (c) caused the victim to bear the guaranteed liability equivalent to KRW 5 million; and (d) acquired pecuniary benefits equivalent to the same amount.
In addition, from around that time to September 27, 2017, the Defendant received financial benefits of 57,300,000 won in total by deceiving victims over 14 times, as shown in the attached list of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D or F;
1. Application of Acts and subordinate statutes to each loan transaction contract, joint and several guarantee contract, detailed statement of transactions by each account, investigation report (Submission ofG and H data), credit information reply, and text message;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act (to be comprehensively applied to each victim, with respect to the choice of imprisonment);
1. The reason for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes [the scope of recommending punishment] is the reason for the sentencing of Article 38 (1) 2, and Article 50 of the Criminal Act [the decision of sentence] of the basic area (the period of less than KRW 100,000).