A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 21, 2015, the Defendant made a false statement to the Defendant-friendly victim C, who is the Defendant’s home located in Mineyang-si B, stating that “The Defendant would not cause loan guarantee, be able to know about the loan, and complete payment at home.”

However, in fact, the defendant did not have any intention or ability to repay the loan even if he did not receive any specific income or property from 15 million won at the time and he did not receive the loan under the joint and several guarantee of the victim.

As above, the defendant deceiving the above victim, and caused the victim to obtain a loan of 3 million won from the loans of Donggra Co., Ltd. on the same day, and caused the defendant to letter joint and several sureties, from that time to August 24, 2015, the defendant obtained a total of 21 million won loan over seven occasions, such as the list of crimes in the attached Table, and caused the victim to stand joint and several sureties.

Accordingly, the defendant, by deceiving the victim, acquired pecuniary benefits that could not be known to him.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each loan agreement and guarantee agreement;

1. Application of each demand note, notice, and payment order Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is not considerable and the damage has not been recovered is disadvantageous to the defendant.

However, the punishment shall be determined in consideration of the fact that the defendant has no criminal history of imprisonment without prison labor or heavier punishment and is against it.