beta
Text
A defendant shall be punished by imprisonment for not less than three months.
Reasons
Punishment of the crime
[criminal power] On April 21, 2006, the Defendant was sentenced to three years of imprisonment for fraud at the Seoul Eastern District Court. On August 14, 2008, the period of parole was expired on October 23, 2008, when the sentence was executed in the Daejeon Correctional District Court. On January 31, 2013, the said judgment became final and conclusive on March 18, 2013.
【Criminal Facts】
On November 22, 2010, the Defendant made a false statement to the victim E, stating that “The Defendant would purchase the company freight truck by obtaining a loan of KRW 50 million from the Solomon Savings Bank, temporarily selling the freight truck after 2 months from the Seolomon Savings Bank, temporarily selling the third joint and several liability surety after the second month from the Seolomon Savings Bank, redeem the loan, and immediately cancel the joint and several guarantee, even if the Defendant is unable to repay the loan, there are the 1 and the 2 joint and several guarantors, so it would not cause any damage.”
However, even if the Defendant borrowed KRW 50 million from the Solomon Savings Bank, the Defendant did not intend to use it for the purchase of cargo trucks, and the Defendant was at the time, at the time, at least 200-30,000 won as bad credit holders, and was unable to make all profits by operating the said state, and the first joint guarantor was not able to repay the Defendant’s debt with the Defendant’s wife, and the second joint guarantor G did not have sufficient means to pay the Defendant’s debt. Therefore, even if the Defendant was jointly and severally guaranteed, the Defendant did not have the intent or ability to pay the Defendant a loan.
Nevertheless, the defendant, by deceiving the victim by the above method and allowing the victim to sign and seal the total amount of 50 million won as a joint guarantor for the loan, has acquired property profits equivalent to that amount.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. Prosecutions against the Defendant.