A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

On August 2014, the Defendant loaned a total of KRW 28 million from four places of a lending company to a police officer at early 2014, and received joint and several sureties from the victim B who is a workplace partner.

1. On December 2, 2014, the Defendant: (a) at a restaurant where it is difficult to know the trade name in the north-dong at the Seocho-si, Yangsan-si; (b) the victim B, who is a work partner, was granted a loan with a low interest rate; and (c) the Defendant would be granted a full repayment of the existing loan with a low interest rate; and (d) the Defendant would be exempted from joint and several

For this purpose, false statement was made to the effect that the joint and several guarantee for additional loans was changed.

However, in fact, the Defendant did not have any particular property, and even if the Defendant received additional loans due to loan obligations of approximately KRW 40 million, it was thought that it would be used as living expenses and interest repayment for loan obligations, etc., and there was no intention or ability to exempt the Defendant from the Defendant’s joint and several liability by repaying the total amount of the above existing loan principles to the lending company.

The Defendant, on December 8, 2014, caused the victim to stand a joint and several surety for the Defendant’s loan obligation of KRW 3 million to C enterprises, KRW 3 million to D enterprises on December 9, 2014, KRW 3 million on December 9, 2014, and KRW 9 million on December 9, 2014, thereby gaining a pecuniary benefit equivalent to the guaranteed obligation.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

2. On February 2015, the Defendant made a false statement to the effect that “The Defendant would have received retirement allowances within three months from the existing place of work and would have received retirement allowances, if the Defendant lent KRW 3 million to the victim as it is necessary to establish a Do gold factory,” in a restaurant where the name of the company at Yangsan-si is unknown.

However, the defendant's retirement allowance to be paid by the company working at the time was about 2 million won, and the amount of debt was found as stated in paragraph 1, and it was not prepared to establish a gold plant and to commence its business.