A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On July 2014, the Defendant borrowed 50 million won from a non-permanent credit service provider on the date of the lower order and had the victim B write a joint and several guarantee for the said loan and had the victim B bear the joint and several guarantee obligation.

On August 8, 2014, the Defendant made a false statement to the effect that “When the Defendant borrowed KRW 49 million to the said victim, he/she would be deducted from his/her obligation for the jointly and severally and severally guaranteed debt” upon the Defendant’s request from the injured party to continuously exclude the risk from the jointly and severally guaranteed debt, he/she would be liable for the joint and severally guaranteed debt to the Plaintiff.”

However, the Defendant had no intention or ability to exclude the victim from the joint guarantor, even if he/she borrowed money from the victim immediately before retirement from the company due to the relationship between 70,000,000 won or more, etc., on the other hand, the Defendant had already contributed to using the money for personal purposes, such as repayment of other obligations.

Nevertheless, the Defendant, as such, by deceiving the victim, received KRW 10 million from the victim, to his/her own agricultural bank account on September 5, 2015, and received KRW 39 million on September 11, 2015, and received KRW 49 million on or around the 11th day of the same month and acquired it by remittance.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement with respect to B;

1. A complaint;

1. Application of Acts and subordinate statutes to a criminal investigation report (revision of the amount of damage, submission of data, attachment of data submitted by a complainant, details of account of a suspect);

1. Relevant Article 347(1) of the Criminal Code for criminal facts, reasons for sentencing a sentence of imprisonment [the scope of recommending] general fraud (from June to one year and six months) (no person subject to special sentencing] in the basic area (of less than 100 million won) (i.e., a decision of sentencing] (a decision of sentencing] and the amount of damage has not been recovered from damage, and the defendant committed fraud using personal trust relationship, etc.