A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On March 2013, the Defendant: (a) at the C office located in Mapo-gu Seoul Metropolitan Government (Seoul Mapo-gu) around March 2013, the Defendant deposited the funds to the victim D with the Agricultural Cooperative for three months to recover the credit; and (b) thus, (c) the lending company should obtain a loan of KRW 65 million, and (d) request the joint guarantee from the lending company.

“A false statement was made to the effect that “A victim” was a joint and several surety for the Defendant’s loan of KRW 30 million from the Daldi (ju), KRW 20 million from the loan of C&N, and KRW 15 million from E&N’s loan of KRW 15 million, respectively.

In this fact, the Defendant was liable for the Defendant’s debt amounting to KRW 20 million, and KRW 10 million for wife F, as well as for the Defendant’s friendship, and was unable to repay the Defendant’s debt amounting to KRW 80 million. On December 17, 2012, the Defendant had to pay interest of KRW 2,400,000 per month when the Defendant was granted a loan from the lending company as above while he had already been granted a loan from the Nonghyup, but there was no other income or property except for KRW 2,40,000,000,000,000 for Defendant’s actual benefit, so there was no intention or ability to terminate the said joint and several surety by the victimized party.

Accordingly, the defendant acquired property benefits by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol concerning the examination of the suspect against the defendant (including a substitute part of examination);

1. Statement made by the police against D;

1. Complaints, loan guarantee contracts, payment orders, and written agreement;

1. Sending a decision on a collection order, seizure and collection order, of earned income;

1. Details of deposits and withdrawals, documents on application for individual rehabilitation, and a statement of transactions;

1. An investigation report (review and report submitted by a suspect), three copies of the decision of provisional attachment of claims, one copy of the Dongdaemun-gu decision of provisional attachment of claims, and a LAB LAW loan.