A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

1. On April 27, 2018, the Defendant made a false statement to the victim D, who is a workplace partner, at the work site of the C Company in Sin interest city B, stating that “A domestic company has a high interest on bonds with a high interest rate in the lending company. A person who obtains an additional loan so that he/she can convert interest into a high interest rate may receive an additional loan, and a joint and several surety will immediately repay the loan within two weeks at the face of each share.”

However, at the time, the Defendant received all loans from the lending company, and thus, did not have any interest on bonds, and intended to obtain additional loans from the lending company and use all of the loans as living expenses, etc., and the Defendant’s fixed income should be used as living expenses, etc., so even if the Defendant received additional loans from the lending company due to the joint and several guarantee of the victim, the Defendant did not have any intent or ability to repay the loans within two weeks.

Nevertheless, the Defendant, by deceiving the victim as above, had the victim borrow 7 million won from the lending company of E on the same day, and caused the defendant to stand a joint and several surety, and failed to repay the loan thereafter, thereby allowing the victim to repay the full amount of the above loan, thereby obtaining financial benefits equivalent to the same amount.

2. On May 3, 2018, at the work site for the Company C as set forth in paragraph (1) of Article 2018, the Defendant made a false statement to the said victim stating, “A apartment house in Ansan-in, which is urgently needed to pay money for the business, temporarily prevents money from being sold. If the Defendant borrowed money with a business fund and borrowed money, he/she would convert the loan into the name within four weeks. If the Defendant borrowed money with a business fund, he/she would have to sell and sell an apartment house within Busan-in without a loan conversion.”

However, the defendant did not have any plan to run the business at the time, and did not own apartment in Ansan, and the amount borrowed from the victim's name is all living expenses, debt repayment, etc.