A defendant shall be punished by imprisonment for not less than one year and six months.

An applicant for compensation shall be dismissed.

Punishment of the crime

1. On August 17, 2015, the Defendant called the victim C, who was aware of the fact at an influence place, and made a false statement to the effect that “I want to obtain a refund loan at a low interest rate due to the high interest relationship with the present apartment security loan, which is currently residing at a low interest rate. I received the guarantee and immediately paid the debt in full and excluded it from the guarantor.”

However, in fact, the Defendant did not intend to provide a substitute loan for apartment mortgage loan from the beginning, and even if he/she received a loan by the victim’s guarantee, he/she did not have an intention or ability to immediately pay in full the debt and exclude the victim from the guarantor because he/she did not want to use it for personal purposes, such as living expenses and repayment of debt.

On August 17, 2015, the Defendant had the victim guarantee for loans worth KRW 24 million in total from eight lending companies of investment, and had the victim obtain economic benefits equivalent to the same amount. The Defendant had the victim guarantee for loans of KRW 24 million in total from eight lending companies of investment.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

2. On September 22, 2015, the Defendant made a false statement to the above victim that “I wish to receive a loan under the name of the party, resolve the case of the loan with the loan, and receive the transfer of the loan obligor’s name.”

However, the defendant did not have the intent or ability to resolve the case of the victim's guarantee or to repay the loan even if the defendant had the victim get the loan and then received the loan.

The defendant shall be a victim.