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A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around December 2007, the Defendant stated that “A victim C, who is a university’s private position, established and operated a dispute settlement agreementD” from the French land around December 2007, the Defendant borrowed money.
However, in fact, the defendant has already been liable to the victim for a loan of KRW 60 million, a loan of an amount equivalent to KRW 8 million to the National Bank of the Korea Technology Credit Guarantee Fund, and a joint and several debt of KRW 230 million to the Korea Technology Credit Guarantee Fund. Although there is an apartment building owned by the defendant, there is a apartment building owned by the defendant, however, there is no substantial value of property because the mortgage of an amount equivalent to KRW 60 million is established, and there is no amount of monthly interest equivalent to KRW 2.7 million. Meanwhile, since the Fund in charge of the Korea Technology Credit Guarantee Fund did not make any other profit, the defendant did not have any intent or ability to repay the loan even if he borrowed money from the victim.
Nevertheless, the Defendant, as above, got the victim, received a remittance of KRW 244,876,000 from the victim around December 21, 2007 and received a total of KRW 244,876,00 from December 15, 2008.
2. Around September 2008, the Defendant said that “Around September 2008, the Defendant applied for a loan of KRW 100 million to the Korea Technology Credit Guarantee Fund,” and that “A joint and several surety would be repaid with the amount of KRW 50 million, whichever is later, to the Defendant.”
However, as seen earlier, the Defendant had no intention or ability to repay even if he/she received a loan through a joint and several guarantee of the victim because the Defendant had a large debt.
Nevertheless, the Defendant, by deceiving the victim as above, had the victim jointly and severally guaranteed by the victim, took out a loan of KRW 50 million from the Korea Technology Credit Guarantee Fund around September 12, 2008, and acquired property benefits equivalent to the same amount, and had the victim bear the same joint and several obligations.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. G statements;
1. H. H.