A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On August 21, 2019, around 11:27, the Defendant, at the C Nowon-gu's station located in Seoul Special Metropolitan City Nowon-gu, to pay the victim D with the loan from the first financial right on the face of the week by subrogation of the existing obligation for the 2,3 financial rights.

If it is not a 1 financial right loan, it will be repaid with a loan even from 2 financial rights.

The phrase “ makes a false statement.”

However, the defendant, in addition to the debt of 2, 3 financial rights, bears the obligation of 38,00,000 won to the E bank, which is one financial right, so even if he pays the debt of 2,3 financial rights, he was unable to obtain additional loans from 1 financial rights. Even if he receives a loan from 2, 3 financial rights, he thought that it would be used as interest on loans, card payments, living expenses, etc., and there was no intention or ability to change it to the victim.

Nevertheless, the Defendant, on the same day, had the victim pay by subrogation the amount of KRW 30,122,58,582,582, and 46,058,388,388) equivalent to the same amount of financial profit by allowing the victim to pay by subrogation the amount of KRW 2,958,924, KRW 7,947,371, KRW 5,029, and KRW 5,029,511, and KRW 30,122,582 to H on August 26, 2019.

Summary of Evidence

1. Application of the police's statement statement on D's legal statement, process deed, details of account transactions, details of each deposit and withdrawal transaction, and application of the statutes to confirm full payment of the police's obligation on D's legal statement;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. Scope of punishment: Imprisonment with prison labor for one month to ten years;

2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] the basic area (less than KRW 100,000) of the types of Class 1.

3. From February 14, 2020 to February 14, 2020, the victim’s damage is recovered and agreed, in light of the method of the crime of this case and the amount of damage, etc.