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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Fraud against the victim B;
A. On September 27, 2016, the Defendant concluded on September 27, 2016 that “A victim B would have repaid money within one to two months if the Defendant borrowed money from the office of the company located in the following city: “I would have to pay the money within one to two months if I would have borrowed money.”
However, at the time, the Defendant had a financial institution obligation of KRW 60 million or more, and there was no certain income, and there was no other intent or ability to fully repay the money borrowed from the victim at the time of repayment that was promised to have no property.
Nevertheless, the Defendant, by deceiving the victim as above, received 1,350,000 won from the victim as the borrowed money on the same day.
B. On November 2, 2016, the Defendant concluded on November 2, 2016, that “Around November 2, 2016, the Defendant, “Around November 2, 2016, intending to borrow money from D with respect to the need for director expenses,” and that, on February 2, 2017, a joint and several surety would be repaid.”
However, the defendant, without any particular property at the time, was liable for a debt exceeding 60 million won, and there was no certain income, and even if he was in the middle of February 2017, he thought that he would repay to other creditors, so even if he was set up a victim and received a loan as a joint guarantor, he did not have the intention or ability to pay the money to the victim and to exempt the victim from the guaranteed obligation.
Nevertheless, the Defendant, by deceiving the victim as above, set up the victim as a joint and several surety, and borrowed 6 million won from D on the same day to have the victim guaranteed by the victim, and acquired and acquired the pecuniary profits equivalent to the same amount.
C. Around December 30, 2016, the Defendant made a false statement that “Around December 30, 2016, if the Defendant borrowed money to the said victim for insurance premiums, he/she would have to pay the monthly salary of the following month.”
However, at the time, the defendant was liable for the debt of the financial institution amounting to 60 million won or more, and there was no certain income and there is no other property.