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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On June 21, 2016, the Defendant came to know while serving together with the victim B and C, and the Defendant requested the victim to prepare documents because he/she did not become a guarantor on June 21, 2016, which was after the withdrawal of the said company. However, the above documents were joint and several surety documents.
The defendant entered the victim as a joint guarantor and received a total of KRW 22 million loan from the lending company, and later he was urged to repay the loan from the damaged party due to the failure to repay the loan and interest.
On September 21, 2016, the Defendant: (a) on September 21, 2016, at a location in Man-dong, Incheon, Nam-gu, Incheon; (b) repaid all of the loans that the Defendant borrowed from the lending company in the name of width to the lending company; and (c) on October 2016, the Defendant would change the nominal owner of the loan to B.
"A person who makes a false statement to have a victim get a loan of KRW 53.9 million on September 22, 2016, and thereafter, he/she was transferred KRW 50 million on September 22, 2016 from the victim, and KRW 3.9 million on September 23, 2016 from the victim to the account under the name of the defendant.
However, in fact, the Defendant did not have any special property at the time, and received money from the injured party, and there was no intention or ability to repay the loan or change the name of the loan from the injured party to the Defendant, even if he/she borrowed money from the above, on October 2016.
Accordingly, the defendant deceivings the victim as above and acquired 53.9 million won from the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Details of the Kakao Stockholm dialogue;
1. The application of Acts and subordinate statutes to each investigation report (Attachment, such as a letter of credit transaction agreement, hearing of D statements);
1. Relevant provisions of the Act concerning facts constituting an offense;