A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Presumption of Facts] The defendant is a subcontractor who belongs to B tourist bus company, and the victim C is a driver who belongs to the above company.

When the Defendant receives a loan of KRW 12 million from a loan company of Yuwon Capital on January 15, 2014, the Defendant received the victim’s joint and several sureties, and around December 2, 2014, received a loan of KRW 20 million in total from four members of the lending company, such as LEL and Havia loan, around December 2, 2014, the Defendant received the victim’s joint and several sureties.

On October 2015, the victim received a message from a loan company to the effect that he/she will fulfill his/her joint and several sureties obligation for the Defendant's main obligation, starting to urge the Defendant to deduct his/her joint and several sureties obligation.

[2] On February 1, 2016, the Defendant called the victim at a non-commercial area of Busan (hereinafter referred to as "non-commercial area") around Busan (hereinafter referred to as "the Defendant") and sent a phone to the victim, and “In the event a loan is made to the lending company with four account, the name and resident registration number, and the account number, and the four account, the Defendant will pay the loan to the lending company

The phrase “ makes a false statement.”

However, in fact, the Defendant did not pay 50 million won or more at the time, and from around August 2015, the Defendant was unable to pay money to the company from around August 2015, and the place where the Defendant intended to pay money to the victim under the name of the victim was the case savings, D, A deposit bank, and so on, the Defendant was able to use the joint and several surety to pay the money to the victim. Since the Defendant was able to use the money to pay the money to the victim’s own interest, there was no intention or ability to cancel the joint and several surety of the victim and to repay the money borrowed under the name of the victim.

The Defendant, as above, attempted to induce the victim and to take out a total of 78,400,000 won borrowed from three lending companies, such as Hyundai Savings Bank, etc. on December 2, 2016 to the victim’s name, but the victim’s family members are aware of the above fact.