beta
Text
A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant had a debt of approximately KRW 32 million to various loan companies, such as D at the time, and received a loan again from the loan company and repaid the loan in the name of the victim, with the intent to repay the loan to the victim even if the Defendant borrowed the loan from the victim, the Defendant was unaware of the intent or ability to acquire the loan by deceiving the victim even though he did not have the intent to repay the loan from the victim.
1. On July 19, 2013, the Defendant called the victim at an insular location and reduced the credit rating of width and B due to the Defendant’s mistake in obtaining a loan by a joint and several surety.
The credit rating shall be extended to N.N. D. to repay the loan to N.N. for the three months following the loan to the maximum extent, and the loan will be transferred to the domestic name.
The purpose of raising credit rating is to lend money to the lender of the loan.
“.....”
However, the defendant did not have the intent or ability to repay the above loan even if the injured party has borrowed the loan with the above loan for the above reasons.
Nevertheless, the Defendant: (a) by deceiving the victim as above and allowing the victim to borrow KRW 56,700,000; and (b) transferred KRW 1,000,000 to the Agricultural Cooperative Account in the name of the Defendant; and (c) KRW 55,70,000 on the 23th of the same month.
2. On October 20, 2014, the Defendant called “Around October 20, 2014, the Defendant sent a phone call to the victim and provided that “The Defendant shall pay off the loan he/she has to pay the loan he/she has received with the money in addition to receiving the additional loan due to the shortage of money.”
However, the defendant did not have the intent or ability to repay the above loan even if the injured party has lent the loan with the loan for the above reasons.
Nevertheless, the defendant deceiving the victim as above and let the victim borrow 7,00,000,000 won loan to the defendant's name on the same day as the agricultural bank account in the name of the defendant.