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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. On November 2016, the Defendant related to the fraud of joint and several sureties KRW 40 million stated that “The Defendant, at the coffee shop located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, would obtain a loan due to the necessity of urgent money,” and that “the Defendant would obtain a joint and several sureties loan after making a full payment of the loan after two to three months, and then request a joint and several sureties to be attached to interest.”
However, the Defendant had no intention or ability to receive a loan after 2-3 months from the victim’s joint and several surety in the situation where the ownership transfer registration for the Defendant was made on November 25, 2015, with respect to the building C in Busan City, where the Defendant was living at the time, and the Defendant had no intention or ability to receive a loan after 2-3 months from the victim to receive a joint and several surety, due to the circumstance that the ownership transfer registration for the said building D was made on November 25, 2015, with respect to the building C, where the Defendant had been living at the time.
Nevertheless, on November 4, 2016, the Defendant: (a) by deceiving the victim; (b) obtained a loan of KRW 32 million in total from four loan companies, including F, from each of the four loan companies around November 4, 2016; and (c) obtained a joint guarantee from G around August of the same month; and (b) obtained a loan of KRW 40 million in total from the said loan companies; and (c) obtained a loan of KRW 40 million in total from the said loan companies.
2. On November 25, 2016, the Defendant related to KRW 13590,000,00,000, false statement that “Around November 25, 2016, the Defendant borrowed money to the victim within 2-3 months from the coffee shop located in Bupyeong-gu Incheon. If he/she fails to pay the money, he/she shall be able to fully repay up to 40,000,000 won of the apartment that he/she lives before selling it.”
However, even if the Defendant borrowed money from the victim as described in paragraph (1), he/she did not have the ability or intent to repay the money more than two to three months.
Nevertheless, the defendant is the victim as above.