Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

1. On December 2, 2015, the Defendant told the victim B, who had a relationship with a police officer at the time, to walk a telephone, and saying, “I need to pay money urgently, who is a joint guarantor, and will not cause any damage to the beneficiary B, who has repaid the loan well.”

However, in fact, the Defendant had no particular income or property at the time, and the Defendant had a debt of KRW 2,00,000,000, so even if having the victim jointly and severally guaranteed, the Defendant did not have any intent or ability to repay the loan.

Nevertheless, the Defendant deceiving the victim as above and caused the victim to obtain financial benefits equivalent to the same amount of money by having the victim take the joint and several surety for KRW 3,000,000 of the loan company LA and the loan capital of KRW 3,000,000 of the loan company that the Defendant borrowed from the Defendant on the same day.

2. While the Defendant was unable to repay the obligation under paragraph 1, on August 2016, the Defendant met the victim at the D coffee shop located in Jung-gu Seoul Metropolitan Government, Seoul, and said, “I will pay to the loan company for the repayment of the joint and several liability amounting to KRW 3,00,000,000, and will pay the victim’s money in the future.”

However, in fact, the Defendant only sought to use the money borrowed from the victim in personal ways, such as living expenses, and did not have any idea to resolve the victim’s joint and several liability obligations by paying the money to the lending company. At the time, the Defendant did not have any particular occupation, income, or property under the name of the Defendant. Since there was a debt of KRW 10,000,000, the Defendant did not have any intention or ability to pay the money even if he borrowed the money

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) transferred KRW 3,00,000 from the victim to the new bank account (E) with the name of the Defendant under the name of the Defendant from August 8, 2016; and (c) from around that time to November 25, 2016, the Defendant entered the list of crimes in the separate sheet.