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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, a person who was in charge of loan business, etc. under the control of B, was the head of the team in the process of performing the relevant duties as the head of the team, by deceiving the victim D, who was aware of the business relationship, by borrowing money from C, which was difficult to pay the office operating expenses, the monthly salary of the team members, etc., and by deceiving the victim D to provide security instead of C.
From April 2010 to May 201 of the same year, the Defendant made a false statement to the effect that the Defendant would repay the amount borrowed to C and cancel the right to collateral security, with the maximum amount of 40 million won on the part of the victim’s wife F real estate, in order to borrow money to C. In order to enable C to set up the right to collateral security with the maximum amount of the claim, the Defendant would have to repay the amount borrowed to C and cancel the right to collateral security.
However, the Defendant was borne by G on March 2010 by G around 2010
In succession to the amount of KRW 15 million, G was in the situation of cancelling the right to collateral on the real estate provided to C and giving new collateral. Since around August 2010, G borrowed money to C in addition to the amount of KRW 20 million, there was no new collateral, it was difficult to pay the office operating expenses and the amount of monthly salary of the team members because it was difficult for C to do business during the process of expanding the business at the time, and it was difficult for the injured party to pay the above amount of KRW 40 million,000,000,000 to the personal debt. Even if the injured party created the right to collateral on behalf of the Defendant on behalf of the real estate, he did not have any intention or ability to fully pay the above KRW 35 million and cancel the said right to collateral.
Nevertheless, the defendant deceivings the victim as such, and let the victim do so around August 12, 2010.