beta
Text
A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
[2016 Highest 322]
1. Although the Defendant was receiving KRW 1,300,000 per month as salary, the Defendant received a loan from financial institutions or used money for a short-amount of monthly wage or below the monthly wage under the pretext of living expenses, entertainment expenses, etc. on November 2015, the Defendant used the money to obtain a loan from the financial institutions or used it to the other party, with a view to demanding the payment of KRW 53,000,000, personal debts of KRW 30,000,000, and with the Defendant’s only credit, the Defendant did not obtain a loan any longer with the victim C who worked for the same occupation as a joint guarantor.
On November 2015, 2015, the Defendant sent the victim as a joint guarantor by stating that “The father is an extracter, and his father is not at present, and there is a need to pay a hospital fee of 40,000,000 won, so it is necessary for the Defendant to borrow 40,000 won.” On the other hand, the Defendant, as a joint guarantor, sent the victim to the victim as a joint guarantor, stating that “When credit is recovered during the period of credit recovery after the prime credit recovery, he will not be damaged by excluding the width from the joint guarantor,” and then (ju) the young child was given a loan of 7,00,000 won from the loan from the Leddy, and received a loan of 67,960,452 won in total from the lender’s 13 places in the same way as in the attached Form, such as the list of crimes (1).
However, in fact, since the defendant's reference was not an abstract cancer and there was no need for hospital expenses, and all of the loan was thought to be used to repay personal living expenses or credit card payment obligations in arrears without thinking to use it in paying the existing debts, so the victim did not have an intention or ability to exclude the victim from joint and several guarantors after the second month, and the victim was made a false statement to the victim, thereby making the victim bear a joint and several liability obligation of KRW 67,960,452 for the defendant, thereby making the victim take property profits equivalent to the above amount.
2. The defendant is the victim as set forth in the above paragraph 1.