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

Punishment of the crime

1. On October 27 through 28, 2015, the Defendant: (a) at the victim C’s house located in Ulsanbuk-gu, Ulsan-gu, Seoul-do around October 27, 2015, the Defendant concluded that “The Defendant would obtain a loan of KRW 58 million from the lender’s nine places; (b) joint guarantor would be able to obtain a loan from the lender’s nine places; and (c) the Defendant would be responsible for the interest of the loan and the principal of the loan and would not have any absolute damage to the penalty.”

However, in fact, the Defendant consumed the money in sports discussions and caused 30 million won or more. Since most of the benefits paid at the workplace were paid as interest on the above debt, the Defendant did not have the ability or intent to repay the debt even if he received the above loan as a joint guarantor.

The Defendant, as above, had the victim deceptiond the victim, and caused the victim to do so from October 27, 2015 to October 28, 2015, to whom the sum of KRW 58 million was loaned from nine loan companies, such as KONEXP loan, etc., to which the Defendant obtained a signature and seal of the joint guarantor in the document of borrowing KRW 58 million from nine loan companies.

2. On April 1, 2016, the Defendant: (a) around April 1, 2016, at the victim C’s house located in Ulsanbuk-gu, Ulsan-gu; (b) stated that “The Defendant would make a full payment of the Defendant’s prepaid debt with a 36 million won loan to the victim; (c) the Defendant would make a full payment of the Defendant’s prepaid debt with a 36 million won loan to the victim; and (d) the Defendant would make a full payment of the KRW 1 million in each month on the 15th day of every month; and (e) 2.4 million in each even number month.”

However, even if the Defendant borrowed money from the injured party, the Defendant did not have the intent or ability to repay the debt that he received with the victim as a joint guarantor because the Defendant had been able to consume or use for sports discussions or living expenses.

Defendant deceptioned the victim as above and acquired money of KRW 36 million from the victim on April 1, 2016 through a new bank account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Prosecutions against the Defendant.