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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Basic Fact-finding] The Defendant: (a) based on the fact that the victim B, who became aware of a usual workplace rent, was a intellectual disability Grade 3; (b) had the victim borrow money in his/her name C and had the victim sign it as a joint guarantor; and (c) had the victim repay the existing loan or use it for living expenses, etc.

【Criminal Facts】

1. Crimes against the victim B;

A. On May 29, 2015, the Defendant borrowed KRW 3 million from the F corporation in the name of the F corporation, KRW 3 million from G, KRW 3 million from H, KRW 3 million from H, KRW 3 million from 3 million from Ha, and KRW 3 million from Ha in the 5th floor parking lot located in Seo-gu, Seo-gu, Seo-gu, Chungcheongnam-gu, Seocheon-gu, Seocheon-gu, the Defendant: (a) the victim requested to grant a loan to C; and (b) C wishes to obtain a loan to be a joint and several surety; (c) the Defendant jointly and severally guaranteed each of the above obligations by signing a contract for each of the above obligations as a joint and several surety.

However, in fact, although the Defendant assumed the above debt amounting to KRW 5,00,00 at the time, the Defendant was unable to obtain a loan in its name because it failed to repay it properly, and was thought to use most of the above loan in the name of the repayment of the existing loan. Therefore, even though the Defendant had the victim jointly and severally guaranteed each of the above debt, it did not have the intent or ability to pay the above debt amount.

Accordingly, the Defendant, by deceiving the victim as above, acquired pecuniary benefits from the provision of joint and several surety for the debt amounting to KRW 15 million from the victim.

B. On June 2015, the Defendant: (a) at the place specified in paragraph (1) of Article 1 as a policeman; and (b) at the victim’s home.