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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On December 21, 2015, the Defendant, on December 21, 2015, made a false statement to the effect that “The Defendant, on the part of Jeonju-si’s mid-2015, issued to the victim C a summary of money to raise the sales performance of the business at the pharmaceutical company currently serving, and, on the part of seeking a loan, would receive a joint and several sureties, repaid the interest of the loan and the principal with good faith.”
However, since 2014, the Defendant had suffered a loss of about 50 million won in sports discussions. The Defendant had a debt of about 80 million won in loan companies, bank notes, and branch figures. The Defendant’s monthly income alone, even though he did not have the intent or ability to repay the loan due to the lack of interest and living expenses, the Defendant demanded the Defendant to return the obligations such as the lending company, and to use the plan to prevent the lending company from paying the loan and to guarantee the Defendant’s joint and several liability.
As such, on December 21, 2015, the Defendant: (a) by deceiving the victim; (b) caused the victim to repay the loan to the six enterprises, (c) MSAA; (d) the loan to the State; (c) the loan to the State; (d) the loan to the State; (d) the loan to the State; (e) the loan to the State; and (e) the loan to the State; and (e) the loan to the sum of KRW 50 million,00,000,000,000,000 to the joint and several surety; and (e) caused the victim to jointly and severally pay the loan to the six enterprises, such as the loan to the State, the State; and (e) the Defendant acquired pecuniary benefits equivalent to the said amount.
2. On February 17, 2016, the fraud Defendant made a false statement to the effect that “on the face of lending money, N.N. would repay the borrowed money guaranteed by N.N.” by phone to the victim C around February 17, 2016.
However, the defendant borrowed money to prevent the repayment of other debts as above, and even if he borrowed money from the injured party, he did not have the intent or ability to repay it.
As such, the defendant deceivings the victim and belongs to it.