The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

Punishment of the crime

Around December 2016, the Defendant borrowed KRW 35 million in total from a lending company under the name of a lending company from the above B to a lending company, on the ground that “Around that time, the Defendant is liable for the interest on the loan and repaid the principal of the loan according to good credit conditions.” However, the Defendant was aware of the victim C through the above B while he was able to obtain a demand for the repayment of the loan from the above B because he was unable to pay the principal to the loan up to September 2017.

On September 2017, the Defendant, through the foregoing B, will take over the obligation of the Defendant within three days after the Defendant repaid the loan to the Plaintiff with the loan of KRW 77,00,000,000 to the maximum extent possible to obtain the loan from the lending company under the name of the lending company.

“The phrase “ was false.”

However, at the time of fact, the Defendant, as well as approximately KRW 42 million of the principal and interest of the loan obligations to the above B, was unable to repay approximately KRW 15 million of the principal and interest of the loan extended by the lending company under the name of the Defendant under the joint and several guarantee of the above B, and there was no change in income or property, and thus, the remainder of KRW 20 million of the loan extended under the name of the victim out of KRW 77 million, which was repaid under the name of the victim, should be consumed due to living expenses, etc. In addition, even if the Defendant fully repaid the loan obligations under the name of the Defendant, the maximum amount of the loan extended under the name of the Defendant is about KRW 15 million, and there was no intention or ability to accept the loan obligations under the name of the victim or to repay the loan.

As such, the Defendant deceivings the victim, and caused the victim to do so, totaling KRW 77 million from the lending company located in the place of five places around September 15, 2017.