A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

From July 2016, the Defendant operated a specialized restaurant for delivery from around July 2016, closed down around October 2018, and is currently employed as an assistant engineer for household installation.

In order to prevent delinquency in payment, such as interest, etc., the Defendant was liable to the lending company from around February 2018 to around March, 2018. In order to prevent the delinquency in payment, the Defendant offered a loan of KRW 25 million from five lending companies by requesting the victim B to provide a guarantee.

On June 2018, in order to prevent delinquency in payment, such as interest, etc. of KRW 25 million, the Defendant called the victim by phone and called “to pay KRW 25 million to the victim as a guarantee, and if the Defendant borrowed KRW 50 million under the name of the victim, he/she would receive a loan from the victim, he/she would receive a loan with a credit loan of KRW 60 million from the first financial right after two months, with a higher credit rating.”

However, it is difficult to readily conclude that the credit rating of the Defendant was higher because of the repayment of loans to the lending company, and at that time, the credit rating of the Defendant was 6 to 7, and the restaurant operated at that time was difficult to operate from May 2018 to June 6, 2018, and there was no particular profit, and it is impossible to lend the credit loan equivalent to 60 million won from the principal bank, the lending bank, etc., and thus, there was no intention or ability to repay the loan from the victim.

Nevertheless, on July 4, 2018, the Defendant, by deceiving the victim as above, received KRW 44.4 million from the victim, who was affiliated with the Defendant, and KRW 6 million on July 4, 2018. On July 4, 2018, the Defendant acquired KRW 41.56 million from the Cbank account (D) in the name of the Defendant and acquired 52 million in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Each police statement concerning B;

1. The criminal defendant and his/her defense counsel in accordance with Chapter five copies of a monetary loan for consumption, submission of data by the complainant (statement of account transaction), and request for cooperation in investigation;