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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around May 2016, the defrauded stated that “A victim C shall be able to perform his/her duties at present, and her husband shall also be able to perform his/her duties, which is necessary to pay monthly, and the cost of living is also necessary. If the Defendant borrowed money, he/she shall be able to pay the interest on five (5) installments of the money.” If he/she is aware, he/she shall be able to receive capital loans even if he/she is able to do so.”
However, at the time, the Defendant did not incur approximately KRW 7-80 million due to business failure and hospital expenses. From around 2015, the Defendant borrowed KRW 15 million from loan companies, such as D and E, and was in excess of his/her liability. Since there was no special occupation or assets and no certain income, the Defendant did not have any intent or ability to repay the principal and interest as agreed upon even if he/she received money from the victim.
Nevertheless, as seen above, the Defendant, as well as the Defendant, by deceiving the victim as above, received KRW 5 million from the victim around that time, and obtained a total of KRW 34 million from May 2016 to June 2018 from around 14 times, such as the list of crimes in the attached Table.
2. From May 2016, while the Defendant borrowed money from C from around May 2016, the Defendant used the money, the Defendant’s mother did not wish to use the money, but he/she may lend money from C to C for the purpose of borrowing and using additional money from C. If the F is able to lend money, he/she shall be held liable as a guarantor and shall be paid with the said money. If he/she fails to pay the money, he/she shall be held liable as a guarantor and be paid KRW 1 million around October 2016 and KRW 1 million around August 2017.
During that period, the defendant would receive F's loan certificates from C and deliver F's arbitrarily to C by forging a loan certificate in the name of F.