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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[2018 Highest 2093]

1. Around June 2011, the Defendant made a false statement to the victim B by telephone, stating that “The Defendant would have repaid money from the side to the side of the wife at this time, and would have been at the risk of divorce unless he/she pays the money from the side of the wife at this time.” As such, the Defendant would have borrowed money of KRW 30 million from the bonds company to the bonds company, instead of having paid the money to the bonds company company with joint and several sureties for two to three months.”

However, in fact, the defendant thought that he will use the money borrowed from the victim's joint and several sureties for the purpose of paying his personal debt, so there was no intention to use the money for his wife to repay his debt, and therefore there was no other property, so there was no ability to terminate his joint and several

On June 27, 2011, when the Defendant borrowed KRW 30 million from a nominal bondholder, the Defendant had the victim stand a joint and several surety and acquired pecuniary profits equivalent to the same amount.

Accordingly, the defendant, by deceiving the victim, acquired pecuniary benefits from the victim.

2. Around July 2011, the defrauded stated that the Defendant would lend money to the said victim by telephone because he/she had to repay money to the side of the wife, and that the Defendant would pay money to the said victim within two to three months.

However, in fact, the defendant thought that he was to use the money borrowed from the above victim for the purpose of repaying his personal obligation, so there was no intention to use the money in repaying his obligation, and there was no other property so there was no ability to repay the money.

The Defendant received KRW 4 million from the said victim on July 16, 201, and KRW 8.6 million on July 19, 201 from the said victim to the Cbank account (Serial number: D) in the name of the Defendant.

Accordingly, the defendant deceiving the above victim and received property from the above victim.

[2019 Highest 542]

1. On December 2018, the Defendant borrowed Frane, the Defendant’s residence in Pyeongtaek-si E.