A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

Around August 2009, the Defendant: (a) was aware that D who operated a “C cafeteria” restaurant from the victim E prior to the use of money in a timely manner; (b) was unable to borrow money from the victim; and (c) the Defendant was willing to borrow money from the borrower; and (d) was willing to borrow money from the victim as a joint and several surety.

1. In collusion with D on August 5, 2009, the Defendant: (a) at the above “C cafeteria” restaurant located in Cheongju-si, Cheongju-si; (b) even if the Defendant borrowed money from the victim, some of D would be used to repay the interest accruing from the existing bonds in the form of a refund; and even if the Defendant and D have no special property, they did not have the intent or ability to repay money within the given time limit as agreed by the victim; (c) in spite of the Defendant and D’s lending of money from the victim, D did not have the intent or ability to pay money within the agreed time limit; (d) although D did not perform the restaurant work, it was difficult for the Plaintiff to perform the knee surgery due to the lack of living costs; (e) if the Plaintiff borrowed KRW 3 million,000,000,000,000,000,000 from around December 5, 2009, 300,000 won by borrowing money from the victim.

2. 피고인은 D과 공모하여 2009. 9. 14.경 제1항 기재 장소에서, 사실은 제1항 기재와 같이 피해자로부터 금원을 차용하더라도 다른 용도로 사용할 생각이고 또한 약속한 기한 내에 변제할 의사나 능력이 없음에도 불구하고, D은 피해자에게 “형부! 내가 무릎도 아프고 해서 구문화방송 부근에 떡볶이 집이 있는데 그 가게를 얻을 수 있도록 300만 원을 빌려주면 2010. 2. 15.경까지 틀림없이 갚아주겠다”는 취지로 거짓말을 하고 피고인도 옆에서 같은 취지로...