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A defendant shall be punished by imprisonment for not less than eight months.
An application filed by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
1. On January 5, 2017, the Defendant made a telephone call to the victim B, who was known to and was in know through a meeting of the ordinary community on January 5, 2017, the Defendant made a false statement to the victim B, “A loan has been made to a high interest rate lending business entity, but a person with good credit and four insurances is able to convert a joint and several surety into a low interest rate loan if she would be able to do so.” On the same day, the Defendant made a phone call to the victim and made the victim “A, who is a Brer, who has attempted the Defendant to perform the Defendant’s lending business on the same day, is able to obtain a new credit for the Defendant to receive a low interest loan if she would prejudice a joint and several surety.” The Defendant newly obtained a low interest rate loan, and made the Defendant make a false statement to the effect that
However, in fact, the defendant was planned to use the loan from the lending company as the gambling fund, and the victim did not have an intention or ability to repay the loan jointly and severally guaranteed by the victim.
Around January 5, 2017, the Defendant deceiving the victim as above and caused the victim to do so, the Defendant borrowed 3 million won from D Co., Ltd.; Defendant borrowed 3 million won from E Co., Ltd.; Defendant borrowed 3 million won from F Co., Ltd.; Defendant borrowed 3 million won from G; Defendant borrowed 3 million won from G Co., Ltd.; Defendant borrowed 3 million won; and Defendant borrowed 3 million won from H Co., Ltd.; and Defendant borrowed 15 million won in total as joint and several surety.
In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.
2. On January 11, 2017, the Defendant made a false statement to the effect that “If the Defendant borrowed KRW 36 million from a credit company, he/she shall pay 15 million to the Defendant’s obligation that the Defendant had been jointly and severally and severally guaranteed by him/her, he/she shall take over the Defendant’s obligation of KRW 36 million once he/she takes over the obligation of KRW 36 million.”